Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 08/09/2020

Kansha Brands Ltd

7 Glenmore Road

London London, City of NW3 4BY

REINO UNIDO

Application No:	018251121
Your reference:
Trade mark:	Advanced Super Skin
Mark type:	Word mark
Applicant:	Kansha Brands Ltd 7 Glenmore Road London London, City of NW3 4BY REINO UNIDO

The Office raised an objection on 17/06/2020 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 sign ‘Advanced Super Skin’ is a typical promotional message, indicating that the goods are at the cutting edge of science and technology in relation to the skin. To the relevant consumer it would be clear that through the use of these advanced products the quality of the skin will improve significantly.

Therefore, the sign in question is devoid of any distinctive character within the meaning of Article 7(1)(b) 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 Article 7(2) EUTMR, the application for European Union trade mark No 018251121 is hereby rejected for all the 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.

Carine CEELEN