Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 09/09/2019

COLBERT INNOVATION TOULOUSE

2Ter Rue Gustave de Clausade BP 30

F-81800 RABASTENS

FRANCIA

Application No:	018036520
Your reference:	T20-0097
Trade mark:	JinJiang
Mark type:	Figurative mark
Applicant:	JIN JIANG INTERNATIONAL HOLDINGS CO., LTD. 23F, NO. 100, YAN AN EAST ROAD, HUANGPU DISTRICT SHANGHAI REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 24/05/2019 pursuant to Article 7(1)(b), (c) and Article 7(2) EUTMR because it found that the trade mark applied for is not eligible for registration, for the reasons set out in the attached letter, which forms an integral part of this decision.

The Office maintains that the relevant consumers would perceive the sign as providing information that the services in Class 35, namely organization of trade fairs for commercial or advertising purposes, are rendered in the city of JinJiang in China (the trade fairs are located in JinJiang in China). In Class 43 the sign describes accommodation and rental services rendered in JinJiang in China (e.g. hotels and motels located in JinJiang in China). Therefore, the relevant consumer, notwithstanding certain stylised elements consisting of black font, would perceive the sign as providing information about the geographical origin of the services in question.

The applicant failed to submit observations within the time limit. For the reasons set out in the letter of objection, and pursuant to Article 7(1)(b), (c) and Article 7(2) EUTMR, the application for European Union trade mark No 18 036 520 ‘JinJiang’ is hereby rejected for the following services:

Class 35 Organization of trade fairs for commercial or advertising purposes.

Class 43 Temporary accommodation reservations; boarding houses; rental of temporary accommodation; motels; hotels; providing campground facilities; rental of transportable buildings; rental of meeting rooms.

The application may proceed for the remaining services, namely:

Class 35 Advertising; business management of hotels; commercial administration of the licensing of the goods and services of others; business information; business management consultancy; provision of an online marketplace for buyers and sellers of goods and services; marketing; sales promotion for others; systemization of information into computer databases.

Class 43 Restaurants; food and drink catering.

According to Article 67 EUTMR, you have a right to appeal against this decision. According to Article 68 EUTMR, notice of appeal must be filed in writing at the Office within two months of the date of notification of this decision. It must be filed in the language of the proceedings in which the decision subject to appeal was taken. Furthermore, a written statement of the grounds of appeal must be filed within four months of the same date. The notice of appeal will be deemed to be filed only when the appeal fee of EUR 720 has been paid.

Monika Karolina SZALUCHO