Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 12/11/2019

Nikos Linaras

27 Salaminomachon str

GR-15125 Amarousion

GRECIA

Application No:	018115019
Your reference:
Trade mark:	My Future Car
Mark type:	Word mark
Applicant:	BnB MARKETING AND ADVERTISING I.K.E ΓΡΑΒΙΑΣ 32 GR-17235 ΔΑΦΝΗ ΑΤΤΙΚΗΣ GRECIA

The Office raised an objection on 04/09/2019 pursuant to Article 7(1)(b) and Article 7(2) EUTMR because it found that the trade mark applied for is partially not eligible for registration, for the reasons set out in the attached letter, which forms an integral part of this decision.

The Office found that the sign, ‘My Future Car’, would simply be perceived by the relevant public as a promotional laudatory slogan, the function of which is to communicate a customer service statement and a value statement and the relevant public will not tend to perceive any particular indication of commercial origin in the sign beyond the promotional information conveyed, since it denotes that the services rendered are tailor made to the need of the customers and relate to their future car. As for the goods it denotes that they are the most suitable car to acquire which fits the consumer’s need and parts that can be used to personalise the consumer’s next car.

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) and Article 7(2) EUTMR, the application for European Union trade mark No 18 115 019 is hereby rejected for the following goods and services:

Class 12 Cars; Vehicles and conveyances; Parts and fittings for vehicles.

Class 35 Advertising services relating to the sale of motor vehicles; Retail services in relation to vehicles; Wholesale services in relation to vehicles; Wholesale services relating to automobile parts; Retail services relating to automobile parts; Advertising automobiles for sale by means of the Internet; Wholesale services relating to automobile accessories; Retail services relating to automobile accessories; Providing information via the Internet relating to the sale of automobiles.

Class 39 Car rental.

The application may proceed for the remaining services.

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.

Aliki SPANDAGOU