Refusal of application for a European Union trade mark

(Article 7 EUTMR and Rule 11(3) EUTMIR)

Alicante, 09/08/2016

Att: Chris Tulley

DLA PIPER UK LLP

Princes Exchange

Princes Square

Leeds LS1 4BY

REINO UNIDO

Application No:	014347009
Your reference:	CTT/VictoriaPlum/357029-000058
Trade mark:	JUST ADD WATER
Mark type:	Word mark
Applicant:	Victoria Plum Limited Jack Brignall House, Bridgehead Business Park Hessle East Riding of Yorkshire HU13 0DG REINO UNIDO

The Office raised an objection on 24/08/2015 and 02/03/2016 pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR because it found that the trade mark applied for, is descriptive and devoid of any distinctive for the reasons set out in the attached letter.

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 (c) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 14 347 009 is hereby rejected for the following goods:

Class 02 Binding preparations for paints; Canada balsam; thickeners for paints; thinners for paints; thinners for lacquer; turpentine [thinner for paints]; badigeon; coatings [paints]; lacquers; paints; house paint; exterior paint; interior paint; enamel paint; ceramic paint; acrylic paint; waterproof paint; paint for repairing baths; paint for resurfacing baths; protective preparations for metals; silver paste; varnishes; wood preservatives; oils for the preservation of wood; creosote for wood preservation; carbonyl; anti-corrosive preparations; anti-rust greases; anti-rust oils; anti-rust preparations for preservation.

Class 03 Wallpaper cleaning preparations; cleaning preparations; floor wax removers [scouring preparations]; furbishing preparations; laundry preparation; non-slipping wax for floors; non-slipping liquids for floors; oils for cleaning purposes; paint stripping preparations; floor wax; polish for furniture and flooring; polishing preparations; polishing wax; polishing creams; rust removing preparations; shining preparations; creams for leather; waxes for leather; leather bleaching preparations; leather preservatives.

Class 11 Gas boilers; heating boilers; central heating radiators; radiators, electric; radiators [heating]; bed warmers; hot air bath fittings; hot water bottles; pocket warmers; warming pans; apparatus for steam generating and water supply; anti-splash tap nozzles; bath tubs; bath tubs for sitz baths; bath fittings; bath, basin, sink and shower installations; bidets; cisterns; flushing tanks; heaters for baths; mixer taps for water pipes; water-pipes for sanitary installations; regulating and safety apparatus for water and pipes; shower cubicles; showers; shower controls; shower enclosures, shower stalls, shower trays and cases; shower spray heads, brackets for supporting shower spray heads, shower mixing valves; taps, mixers and faucets; plugs and chains for basins, showers, baths and bidets; radiators; pipes, hoses and connectors; water heaters, shower heaters, sinks; taps; toilet bowls; toilet suites; toilets, portable; toilets; urinals [sanitary fixtures]; wash-hand basins; washers for water taps; water flushing installations; hydromassage bath apparatus; sauna bath installations; spa baths [vessels]; steam facial apparatus [saunas]; Turkish bath cabinets, portable; whirlpool-jet apparatus; steam boilers, other than parts of machines; water tanks, lids for water tanks; evaporators; fabric steamers; coffee percolators, electric; coffee machines, electric; food steamers, electric; kettles, electric; electric; filters for drinking water; drip irrigation emitters [irrigation fittings]; fountains; ornamental fountains; watering machines for agricultural purposes; parts and fittings for the aforesaid goods.

Class 20 Water beds, not for medical purposes.

Class 21 Baby baths, portable; coffee filters, non-electric; coffee percolators, nonelectric; coffeepots, non-electric; food steamers, non-electric; kettles, non-electric; tea infusers; tea strainers; teapots; vessels of metal for making ices and iced drinks; bottles for carbonated water; nozzles for watering hose; nozzles for watering cans; sprinklers; sprinklers for watering flowers and plant; watering devices; watering cans; bird baths; parts and fittings for the aforesaid goods.

The application is accepted for the remaining goods and services.

According to Article 59 EUTMR, you have a right to appeal against this decision. According to Article 60 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.

Volker Timo MENSING