Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 20/02/2020

NEW BRIDGE IP

PO box 55

FI-00101 Helsinki

FINLANDIA

Application No:	018119821
Your reference:	08004EU2_JK
Trade mark:	CREATIVO
Mark type:	Word mark
Applicant:	TACTIC GAMES OY P.O. Box 4444 FI-28101 Pori FINLANDIA

The Office raised an objection on 28/10/2019 pursuant to Article 7(1)(b) and (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.

The Office maintains that the mark applied for, ‘CREATIVO’, has a clear descriptive meaning pursuant to Article 7(1)(c) EUTMR. Considering that the relevant Italian- and Spanish-speaking consumer would understand the sign as having the meaning ‘something that possesses or stimulates the capacity to create or invent’, the relevant consumers would perceive the sign as informing that the goods in question are creative or inventive by nature and/or ones which have the ability to stimulate the creative or inventive capacity of its users or ones which can be used for such purposes. This is evident not only in relation to the goods in class 28 (e.g. games and gymnastic articles), which can be creative with regard to their features as well as ones which are often specifically designed to stimulate creativeness, but also in relation to the goods in classes 16 and 24, which according to wording of the specification are goods ‘for creative play activities’. Therefore, the sign describes the nature and intended purpose of the goods in question.

Given that the sign has a clear descriptive meaning, it is also devoid of any distinctive character and therefore objectionable under Article 7(1)(b) EUTMR, as it is incapable of performing the essential function of a trade mark, which is to distinguish the goods or services of one undertaking from those of other undertakings.

Consequently, taken as a whole, the sign for which protection is sought is descriptive and devoid of any distinctive character, and is not capable of distinguishing the goods to which an objection has been raised within the meaning of Article 7(1)(b) and (c) and Article 7(2) EUTMR.

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 (c) and Article 7(2) EUTMR, the application for European Union trade mark No 018119821 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.

Patrik LINDBOHM