Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 31/08/2020

SAKELLARIDES LAW OFFICES

P.O. Box 30122

GR-100 33 Athens

GRECIA

Application No:	018252710
Your reference:	BJ-TM
Trade mark:	HOMEFACIALPRO
Mark type:	Word mark
Applicant:	Shenzhen Xuri Shanfeng E-Commerce Co., Ltd. Room 220A, Jiayi Building, Building 3, Fuyuan Industrial Area, Fanshen Road, Xinan Street Baoan District, Shenzhen REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 17/06/2020 pursuant to Article 7(1)(b), (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.

The trade mark was found not eligible for registration, because the relevant consumers would perceive the sign as providing information that the goods are beauty treatment products for the face of professional quality which can be used at one’s home. Therefore, the sign describes the kind, quality and intended purpose 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), (c) and Article 7(2) EUTMR, the application for European Union trade mark No 18 252 710 is hereby rejected for the following goods:

Class 3 Cotton swabs for cosmetic purposes; Skin cream; Skin lotion; Body spray; bar soap; bath gel; beauty creams; cleansing milk; cosmetics; depilatories; essential oils; facial masks; lip balm; lipstick; liquid bath soaps; make-up remover; Lotions for the skin; Lotions for face and body care.

The application may proceed for the remaining goods:

Class 3 Colognes; perfumes; Eyebrows [false]; false eyelashes; Fingernail sculpturing overlays; toothpaste; Hair care lotions [for cosmetic use]; nonmedicated mouthwashes.

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.

Anne-Lee KRISTENSEN