Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 08/07/2020

Boult Wade Tennant LLP

Mommsenstraße 45

D-10629 Berlin

ALEMANIA

Application No:	18 214 923
Your reference:	T214334EM00
Trade mark:	LA ROSE
Mark type:	Word mark
Applicant:	SWEET MARY JANE LTD 45 Robertson Street, Creative Media Centre Hastings East Sussex TN34 1HL REINO UNIDO

The Office raised an objection on 04/04/2020 pursuant to Article 7(1) EUTMR

because it found that the trade mark applied for is not eligible for registration under

Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, for the reasons set out in the

attached letter, which forms an integral part of this decision.

The Office maintains that the words ‘LA ROSE’ immediately inform consumers without further reflection that the goods in class 3 – facial creams [cosmetic]; body creams [cosmetics] - contain rose as an ingredient and/or are cosmetic preparations which are rose-infused, scented or flavoured with rose petals or rose oil.

Therefore, the mark conveys obvious and direct information regarding an ingredient and a quality 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) EUTMR and

Article 7(2) EUTMR, the application for European Union trade mark No 18 214 923

is hereby rejected for all the goods, namely:

Class 3 Facial creams [cosmetic]; body creams [cosmetics].

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.

Finn PEDERSEN