Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 16/12/2019

Marta Andersen

Marie Heinekenplein 717

NL-1072MN Amsterdam

PAÍSES BAJOS

Application No:	018115401
Your reference:
Trade mark:	Get an Au Pair
Mark type:	Word mark
Applicant:	Marta Andersen Marie Heinekenplein 717 NL-1072MN Amsterdam PAÍSES BAJOS

The Office raised an objection on 29/08/2019 pursuant to Article 7(1)(b) 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 English-speaking consumers would perceive the word mark ‘Get an Au Pair’ as a promotional laudatory slogan, indicating that the consumer may turn to the applicant to find an Au Pair. The mark merely indicates that indicating that the applicant is an employment agency for Au Pairs, that handles the administrative work relating to hiring an Au Pair and that the relevant consumers may turn to the applicant to hire an Au Pair.

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 18 115 401 is hereby rejected for the following services:

Class 35 Employment agency services relating to au pairs; Administrative data processing; Clerical services; Human resources management and recruitment services; Administering of professional competency testing; Management advice relating to the placing of staff; Management advice relating to the recruitment of staff.

The application may proceed for the remaining services, namely:

Class 35 Business consultancy and advisory 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.

Anja Pernille LIGUNA