Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 16/07/2020

Shirley Hsu

Via Domenico Cappelli, 80

I-87016 Morano Calabro CS

ITALIA

Application No:	018196315
Your reference:	DRIPP-230EU
Trade mark:	COFFEE TOGETHER
Mark type:	Word mark
Applicant:	Dripp, Inc. 4300 Edison Avenue Chino California 91710 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 19/02/2020 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 sign for which protection is sought, “COFFEE TOGETHER”, would simply be perceived by the relevant public as a promotional message, the function of which is to communicate a motivational statement. 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 highlight positive aspects of the services in question, namely that they offer the consumer the possibility of having a coffee/drinking coffee with other people/in the company of other people.

Following a time extension of two months, 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 18196315 is hereby rejected for all the services 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