Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 18/07/2018

GT World of Beauty GmbH

Lützelhäuser Weg 14

D-63571 Gelnhausen

ALEMANIA

Application No:	017657801
Your reference:
Trade mark:	DREAM HAIR
Mark type:	Figurative mark
Applicant:	GT World of Beauty GmbH Lützelhäuser Weg 14 D-63571 Gelnhausen ALEMANIA

The Office raised an objection on 31/01/2018 pursuant to Article 7(1)(b) and Article 7(2) EUTMR because it found that the trade mark applied for is not eligible for registration, for the reasons set out in the attached letter, which forms an integral part of this decision.

The sign for which protection is sought, , would simply be seen in the relevant market sector as a laudatory slogan, the function of which is to communicate a promotional promise. Moreover, in the present case, the relevant public will not tend to perceive any particular indication of commercial origin in the sign beyond the promotional information conveyed, which merely serves to highlight positive aspects of the goods and services in question, namely that the Wigs; Hair pieces; Hair extensions; Braids in class 26 and Hair weaving services in class 44 are, contain or are intended for ideal hair, fulfilling the consumer’s dreams (e.g. in terms of volume, length, colour, hairstyle or any other aspired qualitative or quantitative aspect).

Although the sign for which protection is sought contains certain figurative elements that confer upon it a degree of stylisation, the nature of these elements is so negligible that they do not endow the trade mark as a whole with any distinctive character. The mark consists of the word combination “DREAM HAIR” followed by the stylised representation of a female head. The non-distinctive verbal element is set in underlined capital letters using a common typeface; its’ stylisation is limited to a wavelike structure and the use of different colours for each element. Neither of these elements can be characterised as fanciful or unusual; they merely emphasise the wording and its meaning. The female head, a frequent element in the field of beauty products and services, is presented in black and white, dominated by an abundance of hair. This in turn reinforces the promotional promise of the expression DREAM HAIR. The above elements do not possess any feature regarding the way in which they are combined that allows the mark to fulfil its essential function for the goods and services for which protection is sought.

Therefore, the sign in question is devoid of any distinctive character within the meaning of Article 7(1)(b) and Article 7(2) EUTMR.

The applicant failed to submit observations within the extended time limit. For the reasons set out in the letter of objection, and pursuant to Article 7(1)(b) and Article 7(2) EUTMR, the application for European Union trade mark No 17 657 801 is hereby rejected for all the goods and services claimed.

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.

Lidija BUNTA