Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 11/02/2020

J A KEMP SNC

75 Boulevard Haussmann,

F-75008 PARIS

FRANCIA

Application No:	018120016
Your reference:	TM407371EM-JAF/JXM
Trade mark:	FRESH & CRISPY
Mark type:	Word mark
Applicant:	Novolex Holdings, LLC 101 East Carolina Avenue Hartsville South Carolina 29950 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 18.10.2019 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, taken as a whole, the expression ‘FRESH & CRISPY’ immediately informs consumers without further reflection that the goods applied for are aimed at keeping the goods/food to be contained/packed inside them hard and as if recently made. The containers/packaging goods will keep their contents fresh and crispy. Therefore, the mark conveys obvious and direct information regarding the intended purpose of the 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) and (c) and Article 7(2) EUTMR, the application for European Union trade mark No 018120016 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.

Helen BIRCH