Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 23/07/2020

Isabelle Bertaux

55 rue Ramey

F-75018 PARIS

FRANCIA

Application No:	018182106
Your reference:	IBE2020TM0118
Trade mark:	ONETOOLFREE
Mark type:	Word mark
Applicant:	Xu Guoyi No.23,21 kilometer,Xincun Village Committee,Luoping Town, Luoding City, Guangdong Province REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 26/02/2020 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 mark applied for, ‘ONETOOLFREE’, is devoid of any distinctive character pursuant to Article 7(1)(b) and Article 7(2) EUTMR in relation to the goods for which protection is sought. Considering that the relevant English-speaking consumer would understand the sign as having the meaning ‘one tool (for) free’, the relevant consumers would simply perceive the sign as a marketing message which contains a promise that by buying one of the applicant’s tools, the consumer will get one more without charge. Moreover, in the present case, the relevant public will not tend to perceive any particular indication of commercial origin in the sign beyond the promotional information conveyed, which merely serves to attract the consumer to the applicant’s goods and highlight their positive aspects, namely that with the purchase of one of these products one other (more) will be given for free. Therefore, the sign in question is devoid of any distinctive character for the goods applied for within the meaning of Article 7(1)(b) 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 Article 7(2) EUTMR, the application for European Union trade mark No 018182106 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