Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 08/10/2019

KEYSTONE LAW

48 Chancery Lane

London London, City of WC2A 1JF

REINO UNIDO

Application No:	018014008
Your reference:	T00667EM/ARW
Trade mark:	OUD DU BOIS
Mark type:	Word mark
Applicant:	Fragrance Holdings Ltd 2nd Floor, 103 Church Street, PO Box 472 George Town KY-1106 LAS ISLAS CAIMÁN

The Office raised an objection on 26/07/2019 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.

In the present case, the relevant French-speaking consumer would understand the sign as having the following meaning: resinous heartwood from the forest.

The relevant consumers would perceive the sign as providing information that the goods in question contain oud or as it is more customary in trade, oud oil. Oud oil is an essential oil and it is also contained in perfume; cologne; perfumery. Aftershave, anti-perspirants, toilet water, body lotion, cosmetics, toiletries, beauty care products; non-medicated skin care preparations usually have a scent which may also be or contain oud oil. Therefore, the sign describes the 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 18 014 008 is hereby rejected for the following goods:

Class 3 Perfume, cologne, aftershave, anti-perspirants, toilet water, body lotion, cosmetics, toiletries, beauty care products; non-medicated skin care preparations; perfumery; essential oils.

The application will proceed accordingly for the following goods:

Class 3 Talcum powder.

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.

Ivo TSENKOV