Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 23/08/2018

BUGNION S.P.A.

Viale Lancetti, 17

I-20158 Milano

ITALIA

Application No:	17 887 516
Your reference:	27.B8015.22.EM.114
Trade mark:	AÇAÍ BODY POWDER
Mark type:	Word mark
Applicant:	Sol de Janeiro Limited Woodbourne Hall, P.O. Box 3162 Tortola ISLAS VÍRGENES DE GRAN BRETAÑA

The Office raised an objection on 25/04/2018 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 ‘AÇAÍ BODY POWDER’ immediately inform consumers without further reflection that the goods applied for are body creams and cosmetics which contain the ingredient açaí or the açaí oil, to be applied to your skin and to your face. 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  17 887 516 is hereby rejected for all the goods claimed, namely:

Class 3 Cosmetics; body cream.

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.

Finn PEDERSEN