Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 22/06/2020

Protein Holdings Ltd.

31 New Inn Yard

London London, City of EC2A 3EY

United Kingdom

Application No:	18203922
Your reference:
Trade mark:
Mark type:	Figurative mark
Applicant:	Protein Holdings Ltd. 31 New Inn Yard London London, City of EC2A 3EY United Kingdom

The Office raised a partial objection on 16/03/2020 pursuant to Article 7(1)(b)(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.

In the present case, the relevant consumers would perceive the sign as providing an obvious indication that the relevant services include online ordering / subscription services of food or drinks that (may) contain protein. The sign consists of one word understood throughout the relevant territory. Therefore, the relevant consumers will require no mental effort to understand the sign’s descriptive message as it merely describes the kind and purpose of the services 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)(c) and Article 7(2) EUTMR, the application for European Union trade mark No 18 203 922 is hereby rejected for some of the services claimed, namely:

Class 35:

Online ordering services; on-line ordering services in the field of restaurant take-out and delivery; wholesale ordering services; retail services connected with the sale of subscription boxes containing chocolates; retail services connected with the sale of subscription boxes containing food.

The application is allowed for the remaining goods and 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.

As your application was being processed as ‘Fast Track’, please be aware that your application has had a deficiency raised against it, and consequently can no longer be processed as such. Therefore, the usual timeliness standards will now apply to your application.

Ferenc GAZDA