Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 25/06/2019

BEAUTY BRANDS CONCEPT

SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ

UL. ŻYTNIA 19

05-506 LESZNOWOLA

POLONIA

Application No:	017950723
Your reference:	CHL20180905-01
Trade mark:	LEMON FRESH
Mark type:	Word mark
Applicant:	BEAUTY BRANDS CONCEPT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ UL. ŻYTNIA 19 05-506 LESZNOWOLA POLONIA

The Office raised an objection on 25/10/2018 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 established that the relevant English-speaking consumer would understand the sign as having the following meaning: fresh lemon, a freshly picked, not preserved, pale yellow oval citrus fruit with thick skin and fragrant, acidic juice.

In the context of the relevant goods in class 3, the relevant consumers would perceive the sign as providing information that the cosmetics applied for have an aroma or fragrance of a freshly picked lemon fruit. The sign also informs immediately and without the need of further reflection that the objectionable goods contain an extract or essence of a fresh lemon fruit as one of their ingredients.

Therefore, the sign describes the kind and quality of the goods in question.

Upon the applicant’s request of 24/12/2018, the Office granted extension of time until 28/02/2019 to submit observations.

The applicant failed to submit observations within the time limit. For the reasons set out in the letter of objection, and pursuant Article 7(1)(b) and (c) and Article 7(2) EUTMR, the application for European Union trade mark No 017950723 is hereby rejected for all the goods 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.

Anna MAKOWSKA

Attachment:

Notice of 25/10/2018 of absolute grounds for refusal