Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 23/03/2018

ROEB Y CIA, S.L.

P.O. Box 365

E-28080 Madrid

ESPAÑA

Application No:	017005208
Your reference:	MC4552
Trade mark:	inspiring wellness
Mark type:	Figurative
Applicant:	BIOSTIME HONG KONG LIMITED Unit No.3508 35/F West Tower, Shun Tak Centre, 200 Connaught Road Central HONG KONG REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 28/11/2017 pursuant to Article 7(1) (b) and Article 7(2) EUTMR because it found that the trade mark applied for is devoid of any distinctive character, 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) EUTMR, the application for European Union trade mark No 17 005 208 is hereby rejected for the following goods and services:

Class 03 Hair lotions; cleansing milk for toilet purposes; hair conditioner; bathing lotions; cosmetics; oils for cosmetic purposes; cosmetic preparations for skin care; sunscreen preparations; talcum powder; dentifrices; floral water; essential oils; cosmetics for animals.

Class 05 Vitamin preparations; cod liver oil; mineral food supplements; nutritional supplements; food for babies; powdered milk for babies; Preparations of trace elements for human and animal use; infant formula; propolis dietary supplements; lecithin dietary supplements; protein dietary supplements; plant extracts for pharmaceutical purposes; dietary fiber; propolis for pharmaceutical purposes; vitamin tablets; lecithin for medical purposes; glucose for medical purposes; amino acids for medical purposes; appetite suppressant pills.

Class 09 Computer software, recorded; computer software applications, downloadable; electronic publications, downloadable; downloadable image files; animated cartoons; computer programs [downloadable software]; talking books; application software for mobile phones.

Class 10 Teething rings; ice bags for medical purposes; maternity belts.

Class 16 Printed matter; printed publications; children's books incorporating an audio component; magazines [periodicals]; pamphlets; pictures.

Class 29 Meat floss; fruit pulp; jams; Vegetable-based snack foods; fruit-based snack food; milk; milk beverages, milk predominating; milk products; powdered milk; nuts, prepared; seaweed extracts for food; caviar; Fruits, tinned [canned (Am.)]; vegetables, dried; eggs; edible fats; fruit jellies; dried edible mushrooms; albumen for culinary purposes; Sausage casings, natural or artificial; lactic acid drinks.

Class 30 Cookies; pastries; cereal-based snack food; foodstuffs made of rice; oat-based food; rice flour; noodles; rice vermicelli; spaghetti; rice based snack food; fondants [confectionery]; fruit jellies [confectionery]; non-medicated candy; meal; cereal preparations; cocoa beverages with milk; tea; tea-based beverages; honey; ice cream; seasonings; preparations for stiffening whipped cream; milky tea, non-milk-based.

Class 31 Wheat; fruit, fresh; betel nuts, fresh; vegetables, fresh; animal foodstuffs; malt for brewing and distilling.

Class 32 Beers; non-alcoholic fruit extracts; non-alcoholic fruit juice beverages; fruit juice; vegetable juices [beverages]; non-alcoholic beverages; vegetable based beverages; non-alcoholic honey-based beverages; smoothies; whey beverages; must; aerated water; fruit nectars, nonalcoholic; Douzhi (fermented bean drink).

Class 41 Education; education information; nursery schools; arranging and conducting of conferences; organization of exhibitions for cultural or educational purposes; publication of texts, other than publicity texts; publication of books; on-line publication of electronic books and journals; providing on-line electronic publications, not downloadable; tutoring.

Class 42 Research and development of new products for others; cosmetic research; bacteriological research; biological research.

Class 43 Canteens; tourist homes; retirement homes; day-nurseries [crèches]; boarding for animals; accommodation bureaux [hotels, boarding houses]; self-service restaurants; holiday camp services [lodging].

The application may proceed for the remaining goods and services.

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.

Selin GÜNEL