Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 22/07/2019

BATMARK LIMITED

Globe House, 4 Temple Place

London WC2R 2PG

United Kingdom

Application No:	18035114
Your reference:	81916433
Trade mark:	BLONDE INFUSE
Mark type:	Word mark
Applicant:	British American Tobacco (Brands) Inc. 251 Little Falls Drive, Suite 100, Wilmington, Delaware DE 19808-1674 United States of America

The Office raised an objection on 16/04/2019 pursuant to Article 7(1)(b) and Article 7(2) EUTMR because it found that the trade mark applied for is devoid of any distinctive character, for the reasons set out in the attached letter which forms an integral part of this decision.

The relevant public will perceive the mark as indicating a blonde type of cigarette or tobacco infused with some flavour or as a smoking article used in relation thereto. The public will not perceive any particular indication of commercial origin in the sign beyond the information conveyed, which merely serves to indicate the kind and nature of the goods in question. In the absence of any graphic feature or semantic modification, the word combination ‘BLONDE INFUSE’ does not imbue the sign with any additional characteristic that would enable the relevant goods to be distinguished from those of other undertakings.

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 Article 7(2) EUTMR, the application for European Union trade mark No 18 035 114 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.

Ferenc GAZDA