Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 09/12/2019

PORTA & CONSULENTI ASSOCIATI S.p.A.

Via Vittoria Colonna, 4

I-20149 Milano

ITALIA

Application No:	018117906
Your reference:	NAS001CTM01
Trade mark:
Mark type:	Figurative mark
Applicant:	Natural Science Co., Ltd. 1-22-11 Shinkawa Chuo-Ku, Tokyo JAPÓN

The Office raised an objection on 05/09/2019 pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR because it found that the trade mark applied for is partially 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, taken as a whole, the sign applied for immediately informs consumers without further reflection that the contested goods applied for, baths preparation, not for medical purposes, beauty masks, body lotions, body milk, cakes of toilet soap, cleansing milk for toilet purposes, cosmetics, cosmetic creams, cosmetic kits, cosmetic preparations for baths, cosmetic preparations for skin care, dentifrices, essential oils, hair lotions, lotions for cosmetic purposes, make-up, make-up preparations, make-up removing preparations, oils for cosmetic purposes, oils for toilet purposes, shampoos, skin care lotions, skin care milks, skin care oils, soap, sunscreen preparations and toiletries in Class 3 as well as vitamin preparations, cod liver oil, royal jelly for pharmaceutical purposes, medicinal drinks, dietary fiber, propolis for pharmaceutical purposes, disinfectants for hygiene purposes, disinfectants, dietetic foods adapted for medical purposes, nutritional supplements, albumin dietary supplements, flaxseed dietary supplements, linseed oil dietary supplements, wheat germ dietary supplements, yeast dietary supplements, royal jelly dietary supplements, propolis dietary supplements, pollen dietary supplements, enzyme dietary supplements, glucose dietary supplements, lecithin dietary supplements, alginate dietary supplements, casein dietary supplements, protein dietary supplements, insect repellents, insecticides, insect repellent incense claimed in Class 5, are purported for or can be used by both the mother and the children. Therefore, the relevant consumer, notwithstanding certain stylised elements would perceive the sign as providing information about the kind and intended public of the goods in question.

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 18 117 906 is hereby rejected for the following goods:

Class 3

Baths preparation, not for medical purposes; beauty masks; body lotions; body milk; cakes of toilet soap; cleansing milk for toilet purposes; cosmetics; cosmetic creams; cosmetic kits; cosmetic preparations for baths; cosmetic preparations for skin care; dentifrices; essential oils; hair lotions; lotions for cosmetic purposes; make-up; make-up preparations; make-up removing preparations; oils for cosmetic purposes; oils for toilet purposes; shampoos; skin care lotions; skin care milks; skin care oils; soap; sunscreen preparations; toiletries.

Class 5

Vitamin preparations; cod liver oil; royal jelly for pharmaceutical purposes; medicinal drinks; dietary fiber; propolis for pharmaceutical purposes; disinfectants for hygiene purposes; disinfectants; dietetic foods adapted for medical purposes; nutritional supplements; albumin dietary supplements; flaxseed dietary supplements; linseed oil dietary supplements; wheat germ dietary supplements; yeast dietary supplements; royal jelly dietary supplements; propolis dietary supplements; pollen dietary supplements; enzyme dietary supplements; glucose dietary supplements; lecithin dietary supplements; alginate dietary supplements; casein dietary supplements; protein dietary supplements; insect repellents; insecticides; insect repellent incense.

The application will proceed accordingly for the remaining goods, namely:

Class 3	Body firming creams; cosmetic preparations for slimming purposes; skin whitening creams.
Class 5	Food for babies.

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.

Robert KLECUN