Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 24/04/2018

STOBBS

Endurance House, Vision Park, Chivers Way

Cambridge CB24 9ZR

UNITED KINGDOM

Application No:	17 241 308
Your reference:	2260/12224/ELP/SXS
Trade mark:	ECO ACTIVE
Mark type:	Word mark
Applicant:	Tesco Stores Limited Tesco House, Shire Park, Kestrel Way Welwyn Garden City Hertfordshire AL7 1GA UNITED KINGDOM

The Office raised an objection on 07/11/2017, pursuant to Article 7(1) EUTMR, because it found that the trade mark applied for is partially ineligible for registration under Article 7(1)(b) and (c) and Article 7(2) EUTMR, for the reasons set out in the attached notice of provisional refusal, which forms an integral part of this decision.

The Office maintains that the mark, ‘ECO ACTIVE’, taken as a whole, immediately informs consumers, without further reflection, that the goods to which the objection was raised are environmentally friendly and incorporate active ingredients. Therefore, the mark describes the characteristics of the goods in question.

The applicant failed to submit observations within the time limit. For the reasons set out in the notice of provisional refusal, and pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR, the application for European Union trade mark ‘ECO ACTIVE’, No 17 241 308, is hereby refused for the following goods for which registration is sought:

Class 3 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; limescale removers and rust removers for household use; decalcifying and descaling preparations for household use; drain and sink cleaning preparations; wipes incorporating cleaning preparations; toilet cleaners; toilet bowl detergents; soaps for toilet purposes; floor c

cleaners; window cleaners [polish]; spray cleaners for household use; cleaning preparations for use on tiles; foam cleaning preparations; mould removing preparations; floor wax; floor wax removers; oils for cleaning purposes; soaps; perfumery, essential oils, cosmetics, dentifrices; air fragrancing preparations; aromatics [essential oils]; incense; joss sticks; oils for perfumes and scents; potpourris [fragrances]; sachets for perfuming linen; scented water; scented wood; after-shave lotions; antiperspirants [toiletries]; shaving preparations; cosmetic preparations; lotions for cosmetic purposes; make-up; perfumes; soap; toiletries; body sprays; beauty care preparations; non-medicated preparations for the application to, condition and care of the hair, scalp, skin and nails; sun-tanning preparations; sunscreen preparations; breath preparations; hair preparations; hair lotions; shampoos; conditioners; skin care preparations; false nails; nail varnish; laundry preparations; grinding preparations; waxing substances and preparations; emery; pumice stone; vehicle cleaning preparations; fabric conditioners; detergent soap; fabric softeners; laundry bleaching preparations; soap powders; washing powder; washing soda; leather and shoe cleaning and polishing preparations; abrasive cloth; abrasive paper; adhesives for cosmetic purposes; anti-static preparations for household purposes; emery cloth; emery paper; lacquer-removing preparations; shampoos for pets; degreasers and grinding preparations; growth preparations for hair.

Class 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels [including motor spirit] and illuminants; candles and wicks for lighting; unfragranced candles; scented candles; nightlights [candles]; Christmas tree candles; candles in tins; briquettes; fire lighters; kindling; industrial wax; lamp oil; BBQ lighting fuel; charcoal; coal; coke; wood for burning; firelighters; petrol; lighting fuel; lubricating oil, industrial wax; petroleum jelly for industrial purposes; additives, non-chemical, to motor-fuel; beeswax; carnauba wax; paraffin; tinder; wax [raw material].

Class 5 Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides; air freshening and purifying preparations; preparations and substances for neutralising, controlling or reducing allergens; analgesics; antiseptics; medicated bath preparations and salts; contact lens cleaning preparations and solutions; medicated confectionery; corn remedies; chemical preparations for the diagnosis for pregnancy; eye washes; nutritional supplements; dietetic foods adapted for infants; dietetic foods adapted for invalids; filled first-aid boxes; nappies; disposable nappies; sanitary preparations; medicinal infusions; tissues impregnated with

harmaceutical lotions; medical preparations for slimming purposes; sunburn ointment and preparations for pharmaceutical purposes; vitamin preparation; patches incorporating a pharmaceutical preparation; suppositories; veterinary preparations; animal washes; antiparasitic collars for animals; skin care creams for medical use; medicated creams; vitamin preparations; solutions for contact lenses; contraceptives (chemical -); smoking cessation pharmaceutical preparations; tobacco-free cigarettes for medical purposes; adhesives for dentures; air purifying preparations; breast nursing pads; cleaning preparations (contact lens -); clothing (deodorants for -) and textiles; dental abrasives; dental cements; tampons; sanitary towels; smoking herbs for medical purposes; soil-sterilising preparations; solutions for use with contact lenses.

Class 5 Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides; air freshening and purifying preparations; preparations and substances for neutralising, controlling or reducing allergens; analgesics; antiseptics; medicated bath preparations and salts; contact lens cleaning preparations and solutions; medicated confectionery; corn remedies; chemical preparations for the diagnosis for pregnancy; eye washes; nutritional supplements; dietetic foods adapted for infants; dietetic foods adapted for invalids; filled first-aid boxes; nappies; disposable nappies; sanitary preparations; medicinal infusions; tissues impregnated with pharmaceutical lotions; medical preparations for slimming purposes; sunburn ointment and preparations for pharmaceutical purposes; vitamin preparation; patches incorporating a pharmaceutical preparation; suppositories; veterinary preparations; animal washes; antiparasitic collars for animals; skin care creams for medical use; medicated creams; vitamin preparations; solutions for contact lenses; contraceptives (chemical -); smoking cessation pharmaceutical preparations; tobacco-free cigarettes for medical purposes; adhesives for dentures; air purifying preparations; breast nursing pads; cleaning preparations (contact lens -); clothing (deodorants for -) and textiles; dental abrasives; dental cements; tampons; sanitary towels; smoking herbs for medical purposes; soil-sterilising preparations; solutions for use with contact lenses.

The application may proceed for the remaining goods and services for which registration is sought, namely:

Class 4 Electrical energy.

Class 16 Paper and cardboard; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paintbrushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging; printers' type; printing blocks; pictures; paintings; drawings; drawing instruments; drawing materials; packaging material made of card, paper or plastics; wrapping materials made of card, paper or plastics; writing implements; writing instruments; writing materials; books; catalogues; cards; instruction manuals; magazines; mail order catalogues; newspapers; pamphlets; periodical publications; calendars; decalcomanias; diaries; gift cards; gift vouchers; labels; maps; printed publications; dictionaries; personal organizers; postage stamps; postcards; posters; bags for microwave cooking of paper; toilet tissue made of paper; toilet paper in roll form; disposable napkins; absorbent paper; tissues of paper; towels of paper; films for wrapping foodstuffs; food wrapping plastic; bags of paper for foodstuffs; food waste bags of paper for household use; vouchers; gift boxes; gift bags; photographic printing paper; table cloths of paper; table mats of paper; dustbin bags; rubbish bags; plastic bags for packing; table runners of paper; parts and fittings for all the aforesaid goods.

Class 21 Household or kitchen utensils and containers; combs and sponges; brushes [except paintbrushes]; brush-making materials; articles for cleaning purposes; cleaning cloths; brushes and other articles for cleaning; steelwool; unworked or semi-worked glass [except glass used in building]; glassware, porcelain and earthenware; abrasive pads for kitchen purposes; basins [receptacles]; baskets for domestic use; bowls [basins]; brooms; brush goods; buckets; carpet sweepers; cauldrons; cleaning instruments, hand-operated; clothes-pegs; cloths for cleaning; coasters, not of paper and other than table linen; containers for household or kitchen use; crushers for kitchen use, non-electric; crystal [glassware]; cups; cutlery trays; cutting boards for the kitchen; deodorising apparatus for personal use; dish covers; dishes; disposable table plates; dustbins; gardening gloves; glass bowls; hip flasks; ironing board covers, shaped; ironing boards; kettles, non-electric; kitchen containers; mops; oven mitts; paper plates; polishing apparatus and machines, for household purposes, non-electric; shaving brushes; soap boxes; soap dispensers; soap holders; soup bowls; toilet brushes; toilet cases; toilet paper dispensers; toilet utensils; toothbrushes; towel rails and rings; trays for domestic purposes; utensils for household purposes; vases; vegetable dishes; washtubs; waste paper baskets; watering devices; jugs; bottles; household storage containers; food storage containers; food storage jars; household trays; pedal bins; laundry bins; laundry baskets; bathroom articles; shower articles; dusters, wipes and skins of chamois, all for cleaning purposes; ice scrapers; steel wool; non-metallic utensils and hollowware, including water bottles, non-electric kettles, water carrying utensils for camping and picnicking, and metal picnic trays; glass fibre cloths and mats, for use in the repair of motor vehicle bodies and of the like; cup holders; dispensers and dispensing apparatus; deodorising apparatus; floss for dental purposes; broom handles, not of metal; parts and fittings for all the aforesaid goods.

Class 24 Textiles and substitutes for textiles; bed covers; table covers; bath linen, except clothing; bath mitts; bed blankets; bed clothes; bed linen; cloth; coasters [table linen]; covers for cushions; covers [loose] for furniture; curtain holders of textile material; curtains of textile or plastic; fabric; fabrics for textile use; face towels of textile; flannel [fabric];

handkerchiefs of textile; household linen; mattress covers; net curtains; non-woven textile fabrics; pillowcases; place mats, not of paper; shower curtains of textile or plastic; sleeping bag liners; tablecloths, not of paper; table linen, not of paper; tablemats, not of paper; table napkins of textile; table runners; textile material; towels of textile; travelling rugs [lap robes]; throws; tea towels; bath towels; beach towels; wall hangings of textile; blankets for household pets; bunting; canvas for tapestry or embroidery; cheese cloth; cloths for removing make-up; diaper changing cloths for babies; diapered linen; mosquito nets.

Class 35 Advertising; business management; business administration; office functions; organisation, operation and supervision of loyalty schemes and incentive schemes; organisation, operation and supervision of sales and promotional incentive schemes; promoting the goods and services of others by means of a loyalty rewards card scheme; advertising, marketing and promotional services; dissemination of advertising and promotional materials; direct mail advertising services; on-line advertising on a computer network; market research services; business information; advisory services for business management; computerised file management; compilation and systemisation of information into computer databases; price comparison services; price analysis services; rental of advertising space; presentation of goods on communication media, for retail purposes; public relations; sales promotion for others; shop window dressing; distribution of samples; arranging newspaper subscriptions for others; photocopying services; rental of vending machines; accounting; business management of retail outlets; business management of wholesale and retail outlets; retail and wholesale services connected with food packaging and food wrapping products; retail and wholesale services in relation to cleaning articles and preparations; retail and wholesale services relating to food and drink; retail and wholesale services in relation to toiletries; retail and wholesale services relating to laundry products; retail and wholesale services relating to personal cleaning preparations; retail and wholesale services relating to household cleaning products; retail and wholesale services relating to disinfecting products; retail and wholesale services in relation to pharmaceutical preparations; retail and wholesale services in relation to dietetic preparations; retail and wholesale store services relating to cosmetic and beauty products; retail services in relation to hand-operated tools; retail and wholesale services in relation to optical goods; retail and wholesale services in relation to domestic electrical equipment; information, consultancy and advisory services relating to the aforesaid.

Class 44 Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services; animal grooming; aromatherapy services; hairdressing salons; health care; health centers; manicuring; massage; medical clinic services; medical equipment rental; nursing homes; nursing,

medical; opticians' services; pharmacists' services to make up prescriptions; pharmacy advice; sauna services; solarium services; vermin exterminating for agriculture, horticulture and forestry; veterinary assistance; weed killing; healthcare services; medical assistance; massage services; health spa services; beauty salons; information and advisory services relating to the aforesaid.

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.

Mirjana PUSKARIC