Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 05/02/2020

HGF LIMITED

1 City Walk

Leeds, Leeds LS11 9DX

REINO UNIDO

Application No:	18 100 907
Your reference:	DPO/T286096EP
Trade mark:	YOUNGER.LONGER
Mark type:	Word mark
Applicant:	Ronert Health, LLC 500 University Boulevard, Suite 104 Jupiter Florida 33458 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 16/08/2019 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 applicant requested an extension of the time limit for submitting observations on 11/10/2019, which was granted. However, the applicant failed to submit any observations within the set time limit.

The Office maintains that the sign applied for, ‘YOUNGER.LONGER’, would simply be perceived by the relevant public as a promotional laudatory slogan, the function of which is to communicate a value and/or motivational statement. Moreover, the relevant public will not tend to perceive any particular indication of commercial origin in the sign beyond the promotional information conveyed, which merely serves to highlight positive aspects of the goods in question, namely that the goods in Class 5 will help to prolong the youthful appearance or qualities associated with youth so that the consumer can stay feeling younger for longer.

Therefore, the sign in question is devoid of any distinctive character within the meaning of Article 7(1)(b) and Article 7(2) EUTMR.

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 18 100 907 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.

Michaela POLJOVKOVA