Refusal of Application for a European Union Trademark: Delivery App

”EUIPO raised an objection because it found that the trade mark applied for is descriptive and devoid of any distinctive character in relation to the goods and services designated within Classes 9, 39, and 42, since the relevant English-speaking consumer would understand the sign as having the following meaning: Delivery App.

The relevant consumers would perceive the sign as providing information that the goods in Class 9, the software and all of the other goods, support the programming of a delivery app which can be used on cell phones. The services in Classes 39 and 42 are used in the context of a delivery app. […]

This is valid for the collection, transport and delivery of goods, in particular documents, packages, parcels, letters and pallets, the letter, freight and express delivery services, the organising and conducting despatch of goods, and provision of data and information relating thereto, the platform as a service services and all of the other objected services in Classes 37 and 42. The objected services are enabled thanks to a delivery app. The services can be rendered successfully to the customers thanks to an app and in a delivery context. […]

Therefore, despite certain figurative elements and stylised elements consisting of a slightly unusual font and parts of the word element, them being “App” and certain parts of the letter “y”, written against a green background, the relevant consumer would perceive the sign as providing information about the of the goods and services. […]

The message conveyed by the word element is still clear and can be understood well. The fact that the words “delivery” and “app” are written together without a break does not change this. Indeed, it is in line with consumer perception to break down a sign composed of several elements into word elements which convey a specific meaning or which are similar to well-known words. […]

Consequently, taken as a whole, the sign is descriptive and devoid of distinctive character. It is therefore incapable of distinguishing the goods and services for which an objection has been raised. […]

The absolute grounds of refusal apply with regard to the English-speaking public in the EU. The relevant public perceives this sign as descriptive and non-distinctive.

For the abovementioned reasons, the application for European Union trademark ”Delivery App” is rejected.”

Excerpt from EUIPO Case Law