Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 18/12/2019

CSY London

10 Fetter Lane

London GB_LND EC4A 1BR

REINO UNIDO

Application No:	018086322
Your reference:	AJC/LB/72270EM1
Trade mark:	NURTURE BRANDS
Mark type:	Word mark
Applicant:	Nurture Brands Limited 61 Grosvenor Street London England W1K 3JE REINO UNIDO

The Office raised an objection on 25/09/2019 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.

The relevant English-speaking average consumer would understand the sign applied for – NURTURE BRANDS – as having the meaning ‘types / names of nourishing products sold / made by a particular company’. The relevant consumers would perceive the sign as providing information that the goods – ranging from milk, dairy, fruit, vegetable, nut, fish and meat products (Class 29), cocoa, coffee, rice and cereal based products, bread, pastry, honey, pasta (Class 30), to beverages, fruit and vegetable products (Class 32) – are nourishing or help to grow/stay healthy and made / sold by a particular company. Therefore, the sign describes characteristics (as purpose or value) of the goods in question. Moreover, the relevant public will not associate any meaning with the sign other than the informative one; it will not perceive any particular indication of commercial origin in the sign.

Consequently, taken as a whole, the sign for which protection is sought is descriptive and devoid of any distinctive character, and is not capable of distinguishing the goods to which an objection has been raised within the meaning of Article 7(1)(b) and (c) 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) and (c) and Article 7(2) EUTMR, the application for European Union trade mark No 18 086 322 is hereby rejected for all the goods claimed, namely for:

Class 29 Milk based drinks [milk predominating]; milk drinks; coconut milk; rice milk; coconut milk drinks; rice milk drinks; cashew milk drinks; coconut fat; flavoured milk beverages; drinks made from dairy products; flavoured milk, milkshakes and milk based beverages; soy milk; fruit jams; preserved fruit and vegetables; ready cooked meals consisting principally of meat, fish, eggs or vegetables; yogurt, yogurt-based beverages; whipping cream; prepared nuts, seasoned nuts, roasted nuts; nut milk; edible oils and fats; snack foods made from fruits and vegetables; peanut milk; milk of almonds [beverage].

Class 30 Cocoa [roasted, powdered, granulated, or in drinks]; aerated drinks [with coffee, cocoa or chocolate base]; drinks containing cocoa; drinks prepared from cocoa; chocolate based drinks; drinks flavoured with chocolate; popcorn; coffee, tea, herbal tea; iced tea; cocoa and artificial coffee; rice; flour and preparations made from cereals; flavourings made from meat; bread, pastry and confectionery; ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; sweeteners; noodles; spaghetti; pancakes; pasta; bakery products; nuts (confectionary); salad dressings; rice-based snack foods; cereal based snack foods, wheat-based snack foods; corn-based snack foods; maize based snack products; granola-based snack foods; flour based savoury snacks; snack foods consisting principally of bread; prepared savoury foodstuffs made from potato flour; prepared meals consisting primarily of rice or pasta; prepared meals in the form of pizzas.

Class 32 Non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages; lemonades; preparations for making liqueurs; smoothie drinks based on fruit or vegetable mixtures; tomato juice [beverage]; vegetable juices [beverages]; fruit juices; coconut drinks; coconut water mixed fruit juices; coconut milk mixed fruit drinks; energy drinks; energy drinks [not for medical purposes]; nut juice.

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.

Thorsten Ickenroth