Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 19/02/2020

ARCADE & ASOCIADOS

C/ Isabel Colbrand, 6 - 5ª planta

E-28050 Madrid

ESPAÑA

Application No:	018111510
Your reference:	12411
Trade mark:
Mark type:	Three-dimensional
Applicant:	Miller Methods CC 77, 10th Road, Kew Johannesburg 2090 ÁFRICA DEL SUR

The Office raised an objection on 09/10/2019 pursuant to Article 7(1)(e), (b) 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 believes that the shape mark applied for merely consists of a shape that follow the nature of the goods to obtain a technical result (in this case catching flies). Furthermore, the Office believes that the mark for which protection is sought does not depart significantly from the norms and customs of the relevant sector. End users will usually direct their attention more to the label or name of the product than to its shape or packaging.

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)(e), (b) EUTMR, the application for European Union trade mark No 18 111 510 is hereby rejected for all the goods 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.

Alistair BUGEJA