Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 10/10/2019

BOULT WADE TENNANT LLP

Salisbury Square House,

8 Salisbury Square

London EC4Y 8AP

REINO UNIDO

Application No:	018078614
Your reference:	AWP/FKH/AA/T204394EM00
Trade mark:	TIMELESS
Mark type:	Word mark
Applicant:	Business Solutions INTL LTD 10 Barley Mow Passage London W4 4PH REINO UNIDO

The Office raised an objection on 02/07/2019 pursuant to Article 7(1)(b) 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 maintains that the mark ‘TIMELESS’ does not have the capacity to function as a trade mark in relation to the claimed goods, namely perfume. The relevant English-speaking consumers would not perceive ‘TIMELESS’ as a trade mark, but merely as informing that the perfume consists of a fragrance/scent of all time, one that has survived fashion trends, is well established, has withstood the years, a classic etc. This meaning of ‘TIMELESS’ in relation to perfume is also commonly used on the market.

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 18 078 614 is hereby rejected.

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.

Anja Pernille LIGUNA