Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 08/01/2020

VENNER SHIPLEY LLP

200 Aldersgate

London EC1A 4HD

REINO UNIDO

Application No:	018055815
Your reference:	YCF/91727CTM1
Trade mark:	FRESH DENTAL
Mark type:	Figurative mark
Applicant:	Cosmos Corporation 103 Enterprise Drive Wentzville Missouri ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 03/06/2019 pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR, because it found that the trade mark applied for is descriptive and devoid of any distinctive character.

The applicant submitted its observations on 07/10/2019.

After giving due consideration to the applicant’s arguments, on 23/10/2019 the Office decided to waive the objection under Article 7(1)(c) EUTMR, however it maintained its objection under Article 7(1)(b) EUTMR and Article 7(2) EUTMR, for the reasons set out in the attached letter, which forms an integral part of this decision.

In the present case, the Office found that the mark lacks minimum degree of distinctive character so as to be perceived by the relevant public as a trade mark. When used on the goods claimed, the contested mark will be perceived as merely referring to the goods which are aimed for teeth and which leave the mouth feeling fresh.

Although the sign for which protection is sought contains certain figurative elements, containing of the stylised font and the leaf, that confer upon it a degree of stylisation, the nature of these elements is so negligible that they do not endow the trade mark as a whole with any distinctive character. These elements do not possess any feature regarding the way in which they are combined that allows the mark to fulfil its

essential function for the goods for which protection is sought.

Therefore, the sign in question is devoid of any distinctive character within the meaning of Article 7(1)(b) and Article 7(2) 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)(b) EUTMR and Article 7(2) EUTMR, the application for the European Union trade mark No 018055815 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.

Julija SIRVINSKIENE