Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 30/05/2019

Denis Maryk

713 Route d'Eguilles

F-13760 Saint Cannat

FRANCIA

Application No:	017979821
Your reference:
Trade mark:
Mark type:	Figurative mark
Applicant:	Denis Maryk 713 Route d'Eguilles F-13760 Saint Cannat FRANCIA

The Office raised an objection on 31/01/2019 pursuant to Article 7(1)(j) 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.

It was concluded that he sign in question, contains the term ‘Provence’, which is evocative of the protected designation of origin. This designation is protected under Regulation (EU) No 1151/2012 of 21/11/2012.

The EUTM application covers, inter alia, Cleaning and fragrancing preparations; Essential oils in Class 3. Therefore, this wording includes essential oils (in case of cleaning and fragrancing preparations, this broad category covers goods such as essential oils as fragrances) that are not of the origin indicated by the designation of origin featured in the trade mark for which protection is sought. It follows that the trade mark must be refused under Article 7(1)(j) EUTMR.

The applicant was informed that this ground for refusal might have been overcome by limiting the abovementioned goods affected by the designation of origin in Class 3 as follows: Essential oils complying with the specifications of the protected designation of origin ‘Huile essentielle de lavande de Haute-Provence / Essence de lavande de Haute-Provence’.

However, aromatic extracts were considered comparable to the essential oils protected by the designation of origin. For these goods, a limitation cannot overcome the objection under Article 7(1)(j) EUTMR.

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)(j) EUTMR, the application for European Union trade mark No 17 979 821 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.

Sandra KASPERIŪNAITĖ