Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 27/04/2018

CLINTONS

55 Drury Lane

Covent Garden

London WC2B 5RZ

REINO UNIDO

Application No:	017634511
Your reference:
Trade mark:	Raw Essence
Mark type:	Word mark
Applicant:	Laurelle London LTD 55 Drury Lane London WC2b 5RZ REINO UNIDO

The Office raised an objection on 10/01/2018 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is partially not eligible for registration under Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, for the reasons set out in the attached letter, which forms an integral part of this decision.

The Office maintains that, taken as a whole, the word ‘RAW ESSENCE’ immediately informs consumers without further reflection that the goods applied for represent preparations in concentrated form in their natural, unprocessed state, or that they have properties as if they were in such state. Therefore, the mark conveys obvious and direct information regarding the kind and quality of the goods in question.

The holder 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 17 634 511 is hereby rejected for the following goods:

Class 3 Cosmetics; Cosmetic preparations for slimming purposes; Tissues impregnated with cosmetics; Perfumed body lotions [toilet preparations]; Perfumed lotions [toilet preparations]; Oils for cosmetic purposes; Cosmetic creams; Skin cleansers; Anti-wrinkle creams; Beauty masks; Cosmetic preparations; Shower and bath gel; Foam bath; Face creams; Make up removing preparations; Foundation; Blush; Blusher; Make-up powder; Mascara; Cosmetic pencils; Eyeliner; Eyebrow pencils; Eye shadow; Nail varnish; Lipstick; Lip gloss; Lip liner; Lip balm; Hair lotion; Hair shampoo; Shaving preparations; After-shave balms; After-shave lotions; Shaving soap; Perfume; Eau de colognes; Toilet water; Personal deodorants; Toilet soap; Essential oils; Scented room sprays; Room perfume sprays; Cosmetic preparations for bath and shower; Sun creams; Scented water; Scented wood; Aromatics; Perfumery; Potpourri; Incense; Oils for perfumes and scents; Fumigation preparations [perfumes].

The application may proceed for the remaining goods, namely:

Class 3 Artificial nails; Nail art stickers; Nail tips.

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.

Robert KLECUN