Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 23/09/2019

L'OREAL

Delphine de CHALVRON

41 rue Martre

F-92117 Clichy Cedex

FRANCIA

Application No:	018090503
Your reference:	KER/DefenseThermique
Trade mark:	DEFENSE THERMIQUE
Mark type:	Word mark
Applicant:	L'OREAL 14, rue Royale F-75008 Paris FRANCIA

The Office raised an objection on 10/07/2019 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.

The assessment of descriptiveness is based on how the relevant consumer would perceive the sign in relation to the goods and services for which protection is sought. In the present case, the relevant French-speaking consumer would understand the sign as meaning ‘heat protection’.

The Office maintains that the relevant consumer would perceive the sign as providing information that the goods for which protection is sought, provide protection against the damaging effects of heat on hair. Therefore, the sign describes the intended purpose of the goods in question.

Given that the sign has a clear descriptive meaning, it is also devoid of any distinctive character and therefore objectionable under Article 7(1)(b) EUTMR, as it is incapable of performing the essential function of a trade mark, which is to distinguish the goods covered by the application of one undertaking 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 (c) and Article 7(2) EUTMR, the application for European Union trade mark No 18 090 503 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.

Marina TOMIĆ