Refusal of application for a European Union trade mark

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

Alicante, 05/06/2017

PROCTER & GAMBLE France SAS

Danièle Le Carval

163/165 quai Aulagnier

F-92600 Asnières-sur-Seine

FRANCIA

Application No:	016008518
Your reference:	TM-524193/EM-HC
Trade mark:	Herbal Essences bio:renew
Mark type:	Figurative mark
Applicant:	The Procter & Gamble Company One Procter & Gamble Plaza Cincinnati, Ohio 45202 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 30/11/2016 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is descriptive and lacking distinctive character, for the reasons set out in the attached letter.

The applicant submitted its observations (attached) where it referred to previously accepted word marks ‘HERBAL ESSENCES'. The Office responded to these observations and gave an additional deadline for applicant to submit evidence of acquired distinctiveness to overcome the ground for refusal of protection indicated under the provisions of Article 7(3) EUTMR.

The applicant failed to submit any evidence within the time limit, which expired on 22/03/2017. For the reasons set out in the letter of objection, and pursuant to Article 7(1) EUTMR, the application for European Union trade mark No 16 008 518 is hereby rejected for all the services claimed.

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.

Gordana TRIPKOVIC