Refusal of application for a Community trade mark

(Article 7 CTMR and Rule 11(3) CTMIR)

Alicante, 07/12/2015

Negocios Europa Limited

2 Windsor Court 9 Ashley Road

Epsom Surrey KT18 5AQ

REINO UNIDO

Application No:	014570808
Your reference:
Trade mark:	Omega Chia Oil
Mark type:	Word mark
Applicant:	Negocios Europa Limited 2 Windsor Court 9 Ashley Road Epsom Surrey KT18 5AQ REINO UNIDO

Article 7(2) CTMR because it found that the trade mark applied for is descriptive, for the reasons set out in the attached letter.

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) CTMR, the application for Community trade mark No 14 570 808 is hereby rejected for the following goods and services:

Class 3: Essential oils and aromatic extracts; Cleaning and fragrancing preparations; Toiletries.

Class 29: Oils and fats; Fish, seafood and molluscs; Dairy products and dairy substitutes; Antipasto salads; Artificial milk based desserts; Banana chips; Beef bouillon; Beef stew; Bisques; Blancmanges; Bombay mix; Bottled vegetables; Bouillon; Bouillon concentrates; Breaded and fried jalapeno peppers; Broth [soup]; Bulgogi [Korean beef dish]; Caesar salad; Candied nuts; Canned pork and beans; Canned soups; Caponata; Casseroles [food]; Chicharron; Chicken croquettes; Chicken salad; Chicken stock; Chile con queso; Dairy-based dips; Dairy puddings; Dahls; Clam juice; Chowder; Condensed tomatoes; Cooked dish consisting primarily of chicken and ginseng (samgyetang); Cooked dish consisting primarily of soybean paste and tofu (doenjang-jjigae); Cooked dish consisting primarily of rich soybean paste and tofu (cheonggukjangjjigae); Cooked dish consisting primarily of stir-fried chicken and fermented hot pepper paste (dak-galbi); Cooked dish consisting primarily of stired-fried beef and fermented soy sauce (Sogalbi); Cooked meals consisting principally of fish; Cooked meat dishes; Corned beef hash; Croquettes; Chili con carne; Chilled dairy desserts; Fish with chips; French fries; Fish jellies; Fish stock; Fritters; Frozen cooked fish; Frozen french fries; Frozen pre-packaged entrees consisting primarily of seafood; Frozen prepared meals consisting principally of vegetables; Frozen appetizers consisting primarily of chicken; Filled potato skins; Falafel; Faggots [food]; Fish in olive oil; Extracts for soups; Eggplant paste; Edible birds' nests; Dolmas; Dips; Desserts made from milk products; Olives stuffed with pesto in sunflower oil; Olives stuffed with feta cheese in sunflower oil; Olives stuffed with almonds; Nuts, prepared; Nut-based snack foods; Nut-based food bars; Mixes for making soup; Mixes for making broths; Mincemeat made from fruits; Omelets; Olives stuffed with red peppers; Olives stuffed with red peppers and almonds; Fruit desserts; Hash brown potatoes; Gumbo; Hazelnuts, prepared; Instant miso soup; Instant soup; Instant stew; Legume salads; Meatbased snack foods; Meat boiled down in soy sauce (tsukudani meat); Matzo ball soup; Mashed potato; Potato chips; Potato dumplings; Potato flakes; Potato fritters; Onion rings; Organic nut and seed-based snack bars; Ox bone based broth (seolleongtang); Pollen prepared as foodstuff Potato pancakes; Potato salad; Potato snacks; Potato sticks; Potatobased gnocchi; Potato-based snack foods; Powdered milk for food purposes; Pre-cooked curry stew; Pre-cooked miso soup; Pre-cooked soup; Pre-packaged dinners consisting primarily of game; Pre-packaged dinners consisting primarily of seafood; Preparations for making bouillon; Preparations for making soup; Prepared dishes consisting principally of

meat; Prepared meals consisting primarily of meat substitutes; Prepared meals consisting substantially of seafood; Roasted nuts; Quenelles; Puffed pork rind; Prepared snails [escargot]; Prepared salads; Prepared meat dishes; Prepared meals containing [principally] eggs; Radish cubed kimchi (kkakdugi); Ready cooked meals consisting wholly or substantially wholly of game; Ready cooked meals consisting wholly or substantially wholly of meat; Ready cooked meals consisting wholly or substantially wholly of poultry; Rhubarb in syrup; Roast beef flavoured extract; Roast chestnuts; Rosti [fried grated potato cakes]; Salted nuts; Scotch eggs; Shepherd's pie; Snack foods based on legumes; Snack foods based on nuts; Snack foods based on vegetables; Soup concentrates; Soup cubes; Soup pastes; Soup powders; Stuffed cabbage rolls; Sugar-coated fruits on a stick; Tamale; Tofu; Tofu burger patties; Tofu-based snacks; Tzatziki; Vegetable burgers; Vegetable chips; Vegetable marrow paste; Vegetable-based entrees; Vegetable-based snack foods; Vegetable soup preparations; Vegetable stock; Vegetarian sausages; White pudding; Yoghurt desserts; Yucca chips.

Class 30: Baked goods, confectionery, chocolate and desserts; Burritos; Banana fritters; Canned pasta foods; Candy coated popcorn; Calzones; Canned spaghetti in tomato sauce; Caramel coated popcorn; Caramel coated popcorn with candied nuts; Cereal snack foods flavoured with cheese; Cereal-based snack food; Chalupas; Cheese curls [snacks]; Cheese flavored puffed corn snacks; Cheeseburgers [sandwiches]; Chilled pizzas; Chimichanga; Chinese steamed dumplings (shumai, cooked); Chinese stuffed dumplings (gyoza, cooked); Chips [cereal products]; Chocolate-based ready-to-eat food bars; Crisps made of cereals; Dried seaweed rolls [gimbap]; Dry and liquid ready-to-serve meals, mainly consisting of pasta; Dry and liquid ready-to-serve meals, mainly consisting of rice; Egg pies; Egg rolls; Empanadas; Enchiladas; Extruded wheat snacks; Fajitas; Filled baguettes; Filled bread rolls; Hamburgers contained in bread rolls; Hot dog sandwiches; Hamburgers being cooked and contained in a bread roll; Green onion pancake [pajeon]; Grainbased chips; Glutinous pounded rice cake coated with bean powder (injeolmi); Gimbap [Korean rice dish]; Flaky pastry containing ham; Flapjacks; Flavoured popcorn; Frankfurter sandwiches; French toast; Fresh pies; Fresh pizza; Fresh sausage rolls; Fried corn; Frozen pastry stuffed with meat; Frozen pastry stuffed with meat and vegetables; Frozen pastry stuffed with vegetables; Frozen pizzas; Hot dogs (prepared); Hot sausage and ketchup in cut open bread rolls; Jiaozi [stuffed dumplings]; Kimchi pancakes (kimchijeon); Korean-style pasta soup [sujebi]; Noodle-based prepared meals; Okonomiyaki [Japanese savory pancakes]; Onion biscuits; Pasta containing stuffings; Pasta dishes; Pasta salad; Pasta-based prepared meals; Pastries consisting of vegetables and fish; Pastries consisting of vegetables and meat; Pastries consisting of vegetables and poultry; Pellet-shaped rice crackers (arare); Pies; Poultry and game meat pies; Prawn crackers; Pre-baked pizzas crusts; Pre-packaged lunches consisting primarily of rice, and also including meat, fish or vegetables; Prepared foodstuffs in the form of sauces; Prepared meals containing [principally] pasta; Prepared meals containing [principally] rice; Prepared meals in the form of pizzas; Prepared pizza meals; Prepared rice dishes; Prepared savory foodstuffs made from potato flour; Preserved pizzas; Pretzels; Processed unpopped popcorn; Puffed cheese balls [corn snacks]; Puffed corn snacks; Pumpkin porridge (Hobak-juk); Quesadillas; Quiches; Ramen [Japanese noodle-based dish]; Ravioli; Ravioli [prepared]; Ready to eat savory snack foods made from maize meal formed by extrusion; Ready-made dishes containing pasta; Rice based dishes; Rice biscuits; Rice crackers; Rice crackers [senbei]; Rice crisps; Rice dumplings dressed with sweet bean jam (ankoro); Rice mixed with vegetables and beef [bibimbap]; Rice salad; Rice-based prepared meals; Rice-based snack food; Risotto; Salted tarts; Samosas; Sandwiches; Sandwiches containing chicken; Sandwiches containing fish; Sandwiches containing fish fillet; Sandwiches containing meat; Sandwiches containing minced beef; Sandwiches containing salad; Sausage rolls; Savory pastries; Seaweed flavoured corn chips; Sesame snacks; Shrimp dumplings; Snack food products consisting of cereal products; Snack food products made from cereal flour; Snack food products made from cereal starch; Snack food products made from maize flour; Snack food products made from potato flour; Snack food products made from rice flour; Snack food products made from rusk flour; Snack food products made from soya flour; Snack foods consisting principally of bread; Snack foods consisting principally of extruded cereals; Snack foods made from corn; Snack foods made from corn and in the form of puffs; Snack foods made from corn and in the form of rings; Snack foods made from wheat; Snack foods made of whole wheat; Snack foods prepared from maize; Snacks manufactured from muesli; Soft pretzels; Spaghetti and meatballs; Spring rolls; Steamed buns stuffed with minced meat (niku-manjuh); Sticky rice cakes (Chapsalttock); Stir fried rice cake [topokki]; Stir-fried noodles with vegetables (Japchae); Stir-fried rice; Sushi; Sweet rice with nuts and jujubes (yaksik); Tabbouleh; Taco chips; Tacos; Tamales; Toasted cheese sandwich; Toasted cheese sandwich with ham; Toasted sandwiches; Tortilla chips; Tortilla snacks; Tortillas; Uncooked pizzas; Vegetable flavoured corn chips; Vegetable pies; Wholewheat crisps; Wonton chips; Wontons; Wrap [sandwich]; Baozi [stuffed buns]; Bean jam buns; Boxed lunches consisting of rice, with added meat, fish or vegetables; Brioches; Buckwheat jelly (Memilmuk); flavourings and condiments; goods made thereof [Processed grains, starches], baking preparations; ice creams, frozen yogurts and sorbets.

Class 31: Foodstuffs and fodder for animals.

Class 32: Preparations for making beverages.

Class 44: Beauty care.

The application is accepted for the remaining goods and services.

According to Article 59 CTMR, you have a right to appeal this decision. According to Article 60 CTMR, notice of appeal must be filed in writing with the Office within two months of the date of notification of this decision. 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 800 has been paid.

Cecilie Leth BOCKHOFF