Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 01/07/2020

UAB "BRAINERA"

Taikos g. 235-17

LT-05213 Vilnius

LITUANIA

Application No:	018221216
Your reference:
Trade mark:
Mark type:	Figurative mark
Applicant:	MINRAN LIMITED Griva Digeni & 28 Octovriou, 1, BLOCK E, Floor 2, Flat / Office 211-212, Egkomi CY-2414 Nicosia CHIPRE

The Office raised an objection on 23/04/2020 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.

In summary, the relevant consumers would perceive the sign as describing certain characteristics of the goods, namely providing information that the objected goods are associated with the makeup. In particular, the relevant consumers would understand that various paper towels and tissues in class 16, make-up removing appliances in class 21 and towels of textile and cloths in class 24 will be used for the removal of the makeup. Goods in class 21 (make-up sponges, make-up brushes, powder puffs, cosmetic utensils, cosmetic spatulas, droppers for cosmetic purposes) and spatulas [hand tools] in class 8 will be used to apply various makeup preparations which therefore will make it possible to maintain an attractive appearance. In addition, the sign when applied to some of the goods for which objection has been raised (travelling sets [leatherware], vanity cases, not fitted, travelling bags, handbags, bags all in class 18 and powder compacts, empty in class 21) could be perceived as describing various makeup organisers and storage utensils. Therefore, the relevant consumer, notwithstanding certain stylization of its word elements (i.e. figurative element above letter ‘U’ and slightly stylized typeface), would perceive the sign as providing information about the kind and 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

or services of one undertaking from those of other undertakings. Figurative elements do not endow the trade mark as a whole with any distinctive character.

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 18221216 is hereby rejected for the following goods:

Class 8 Spatulas [hand tools].

Class 16 Face towels of paper; towels of paper; tissues of paper for removing make-up; paper wipes for cleaning.

Class 18 Travelling sets [leatherware]; vanity cases, not fitted; travelling bags; handbags; bags.

Class 21 Make-up sponges; cosmetic utensils; cosmetic spatulas; droppers for cosmetic purposes; make-up brushes; make-up removing appliances; powder compacts, empty; powder puffs.

Class 24 Face towels of textile; towels of textile; cloths for removing make-up.

The application may proceed for the remaining goods.

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.

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