Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 23/08/2018

KUHNEN & WACKER Patent- und Rechtsanwaltsbüro PartG mbB

Prinz-Ludwig-Str. 40A

D-85354 Freising

ALEMANIA

Application No:	17 884 203
Your reference:	53/ST92M16/EM
Trade mark:	Spiced Chai
Mark type:	Word mark
Applicant:	Starbuzz Tobacco, Inc. 10871 Forbes Ave. Garden Grove California 92843 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised a partial objection on 23/04/2018 pursuant to Article 7(1)(b) and (c) 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 Office maintains that, taken as a whole, the words ‘Spiced Chai’ immediately inform consumers without further reflection that the tobacco goods at issue in Class 34 produce or come with the flavour or the blend of spiced chai tea. Therefore, the mark conveys obvious and direct information regarding the kind and quality of the goods in question.

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)(b) and (c) and Article 7(2) EUTMR, the application for European Union trade mark No 17 884 203 is hereby partially rejected for the following goods claimed, namely:

Class 34 Hookahs and electronic hookahs and accessories thereof; tobacco

products; tobacco substitutes, in particular those made out of tea and

tea plants; cut and uncut tea for smoking as tobacco substitute; cigarette tobacco; chewing tobacco; pipe tobacco; shisha tobacco; shishas and electronic shishas and accessories thereof; electronic cigarettes; cigars; small cigars; electronic cigars; electronic vaporizing smoking device; eliquid for use in electronic smoking devices and electronic cigarettes, namely, refill liquid for electronic smoking devices and electronic cigarettes; smoking pipes; steam stones, in particular steam stones for water pipes; mineral carrier substances for flavorings, for use in water pipes; inhalable aerosols and carrier substances therefor, for use in water pipes; substances for inhalation using water pipes, in particular aromatic substances; all the aforesaid goods not for medical purposes.

The application may proceed for the remaining goods, namely:

Class 34 Smokers' articles of all kinds, in particular matches; all the aforesaid

goods not for medical purposes.

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.

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