Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 29/07/2020

Svensk Innovation & Juridik AB

Drottninggatan 88F

SE-111 36 Stockholm

SUECIA

Application No:	018233803
Your reference:
Trade mark:	Siberia
Mark type:	Word mark
Applicant:	Fortune Beverages Cayman Corporate Centre 27 Hospital Road George Town Grand Cayman KY1-9008 LAS ISLAS CAIMÁN

The Office raised an objection on 11/05/2020 pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR because it found that the trade mark applied for is descriptive and devoid of any distinctive character, for the reasons set out in the attached letter.

The applicant did not submit any observations within the set time limit.

The Office maintains that the mark The mark ‘SIBERIA’ just indicates that the goods in question are designed and manufactured in Siberia. Therefore, the sign describes the geographical origin of the goods in question.

Furthermore, when viewing the mark SIBERIA in connection with the goods the relevant consumers would not see it as an indication of commercial origin but would simply conclude that the goods are designed and manufactured in Siberia. Even if Siberian non-alcoholic beverages and beer may not be famous in the European Union, the consumers are well aware of the fact that they may be produced in larger and smaller quantities (microbreweries, craft beers) in many countries and that they may be imported from different countries and regions, including Siberia.

For the abovementioned reasons, and the reasons set out in the Notice of grounds of refusal of 11/05/2020, and pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR, the application for European Union trade mark No 18 233 803 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.

Anne-Lee KRISTENSEN