Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 23/10/2017

Negocios Europa Limited

2 Windsor Court 9 Ashley Road

Epsom Surrey KT18 5AQ

REINO UNIDO

Application No:	017082009
Your reference:
Trade mark:	Chia Protein Powder
Mark type:	Word mark
Applicant:	Negocios Europa Limited 2 Windsor Court 9 Ashley Road Epsom Surrey KT18 5AQ REINO UNIDO

1. The Office raised an objection on 11/08/2017 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 character, for the reasons set out in the attached letter.

2. Pursuant to Article 75 EUTMR, it is up to the Office to take a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments.

The applicant did not submit any observations within the set time limit.

3. Therefore, and for the reasons set out in the letter of 11/08/2017, and pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark N 17 082 009 is hereby rejected for the following goods and services:

Class 5: Dietary supplements and dietetic preparations.

Class 29: Dairy products and dairy substitutes; Soups and stocks.

Class 30: Coffee, teas and cocoa and substitutes therefor; ice creams, frozen yogurts and sorbets; Bread; Cereal bars and energy bars; Pastries, cakes, tarts and biscuits (cookies); Sweets (candy), candy bars; Almond confectionery; Almonds covered in chocolate; Apple fritters; Bakery goods; Biscotti dough; Bars of sweet jellied bean paste (Yohkan); Bread pudding; Boiled confectionery; Butterscotch chips; Cakes of sugar-bounded millet or popped rice (okoshi); Canapes; Candy; Cheese-flavored biscuits; Chocolate; Chocolate bark containing ground coffee beans; Chocolate based products; Chocolate coated fruits; Chocolate coated macadamia nuts; Chocolate coated nougat bars; Chocolate-based spreads; Chocolate spreads; Chocolate spreads containing nuts; Chocolate spreads for use on bread; Chocolate topping; Chocolate vermicelli; Chocolate waffles; Chocolate with alcohol; Chocolate-coated nuts; Chocolates; Chocolate with Japanese horseradish; Cinnamon rolls; Coated nuts [confectionery]; Confectionery items coated with chocolate; Crackers; Crackers flavoured with fruit; Creamed rice; Croissants; Crumble; Crème caramel; Dairy confectionery; Custards [baked desserts]; Frozen dairy confections; Frozen yogurt pies; Fruited scones; Graham crackers; Halvah; Ice confectionery; Imitation chocolate; Imitation custard; Instant dessert puddings; Jam buns; Ginseng confectionery; Fruit jellies [confectionery]; Non-medicated chocolate; Non-medicated chocolate confectionery; Non-medicated confectionery containing chocolate; Non-medicated confectionery containing milk; Non-medicated confectionery for use as part of a calorie controlled diet; Non-medicated confectionery having a milk flavour; Non-medicated confectionery having toffee fillings; Non-medicated confectionery in jelly form; Non-medicated confectionery in the shape of eggs; Non-medicated confectionery products; Non-medicated flour confectionery coated with imitation chocolate; Non-medicated flour confectionery containing imitation chocolate; Peanut butter confectionery chips; Peanut confectionery; Poppadums; Potato flour confectionery; Preparations for making of sugar confectionery; Prepared desserts [chocolate based]; Prepared desserts [confectionery]; Puddings; Ready-to-eat puddings; Rice pudding; Rice puddings containing sultanas and nutmeg; Rice-based pudding dessert; Sweetmeats; Sweetmeats [candy]; Tablet (confectionary); Tiramisu; Truffles (rum -) [confectionery]; Truffles [confectionery]; Turkish delight; Turkish delight coated in chocolate; Viennoiserie; Vla [custard]; Wafered pralines; Waffles; Waffles with a chocolate coating; Yorkshire puddings; Aerated chocolate.

Class 32: Brewery products; Non-alcoholic beverages; Preparations for making beverages.

The application may proceed for the remaining goods, namely for:

Class 29: Oils and fats; meat extracts; Meats; Birds eggs and egg products.

Class 30: Ice, chewing gum; Cotton candy;

Class 32: Beer.

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.

Anne-Lee KRISTENSEN