Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 30/11/2017

HANDSOME I.P. LTD.

27-28 Monmouth Street

Bath BA1 2AP

REINO UNIDO

Application No:	016357212
Your reference:	T2196EM00
Trade mark:	SMART MASK
Mark type:	Word mark
Applicant:	Pangaea Laboratories Limited 240 Centennial Avenue, Centennial Park, Elstree Herts. WD6 3SJ REINO UNIDO

The Office raised an objection on 24/02/2017 and 06/09/2017 pursuant to Article 7(1) 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 letters.

The applicant failed to submit observations on the notice of 06/09/2017 within the time limit. For the reasons set out in the letter of objection, and pursuant to Article 7(1)(b) and (c) EUTMR, the application for European Union trade mark No 16 357 212 is hereby rejected for the following goods:

Class 3 Cosmetic hand creams; Nail care preparations; Foot care preparations (Non-medicated -); Hand creams; Cosmetic preparations for eyelashes.

Class 5 Foot care preparations for medical use; Nail care preparations for medical use.

The application may proceed for the remaining goods.

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.

Klara BOUSKOVA