Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 12/06/2020

LOPEZ GIMENEZ TORRES

Avenida Maisonnave, 28 bis, 2º - Oficina 8

E-03003 Alicante

ESPAÑA

Application No:	018097102
Your reference:	PTMCIBIZASKUNK
Trade mark:	IBIZASKUNK
Mark type:	Word mark
Applicant:	WEEDELICIOUS S.L. C Italia 23 2 Iz E-03003 Alicante ESPAÑA

The Office raised an objection on 04/03/2020 pursuant to Article 7(1)(f) 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.

In this particular case, the sign applied for ‘IBIZASKUNK’ conveys a message promoting the use of an illegal drug (cannabis/skunk) for recreational purposes and it could be perceived as a mere banalization of the mentioned narcotic substance prohibited in a large number of Member States. Account should be taken that the inclusion of the geographical location of ‘IBIZA’ in the mark, reinforces the message of the recreational side of the narcotic substance ‘SKUNK’, given that part of the public establish a relationship between this geographical location and illegal drugs.

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)(f) and Article 7(2) EUTMR, the application for European Union trade mark No 18 097 102  is hereby rejected for all the goods and services claimed.

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.

Pablo AMAT RODRÍGUEZ