Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 08/01/2020

ESQUIVEL & MARTIN SANTOS EUROPEAN PATENT AND TRADE MARK ATTORNEYS

Calle de Velázquez, 3 - piso 3

E-28001 Madrid

ESPAÑA

Application No:	018100322
Your reference:	20190333
Trade mark:	SILK & MORE
Mark type:	Figurative mark
Applicant:	BIMPEKS TURIZM TEKSTIL OTOMOTIV SANAYI VE TICARET ANONIM SIRKETI Uluyol Er Sok. Kasapoglu Is Merkezi Kat:1 D:1-2 Osmangazi, Bursa TRINIDAD Y TOBAGO

The Office raised an objection on 25/09/2019 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.

Relevant consumers would perceive the sign as providing information that the goods claimed either are from silk of superior quality or contain high quality silk. As regards the services claimed, the relevant consumers would perceive the sign as providing information that the services are related to the silk of high degree of excellence. Therefore, the relevant consumer, notwithstanding certain stylised elements consisting of the stylised letters´ font, colour and the ampersand forming the sign, would perceive the sign as providing information about the kind and quality of the goods and 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 18 100 322 is hereby rejected for the following goods and services:

Class 25 Clothing, including underwear and outerclothing, other than special purpose protective clothing; socks, mufflers [clothing], shawls, bandanas, scarves, belts [clothing]; foulards, pashminas, saris, parkas, tunics, togas, shirts, tee-shirts; coats, trench coats, sweaters; dresses; dress suits; skirts, trousers, pants, shorts; Footwear, shoes, slippers, sandals, boots; Headgear, hats, caps with visors, berets, caps [headwear], skull caps.

Class 35 Organization of exhibitions and trade fairs for commercial or advertising purposes; Provision of an online marketplace for buyers and sellers of goods and services; the bringing together, for the benefit of others, of a variety of goods, enabling customers to conveniently view and purchase those goods, such services may be provided by retail stores, wholesale stores and outlets, through mail order catalogues or by means of electronic media, through web sites or television shopping programmes in relation to clothing, including underwear and outerclothing, other than special purpose protective clothing, socks, mufflers [clothing], shawls, bandanas, scarves, belts [clothing], foulards, pashminas, saris, parkas, tunics, togas, shirts, tee-shirts, coats, trench coats, sweaters, dresses, dress suits, skirts, trousers, pants, shorts, footwear, shoes, slippers, sandals, boots, headgear, hats, caps with visors, berets, caps [headwear], skull caps.

The application may proceed for the remaining services.

Class 35 Advertising, marketing and public relations; design for advertising.

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.

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