Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 26/09/2018

LANE IP LIMITED

2 Throgmorton Avenue

London, EC2N 2DG

REINO UNIDO

Application No:	017871511
Your reference:	0261.0305
Trade mark:	SLEEPSCENT
Mark type:	Word mark
Applicant:	Dreams Limited Knaves Beech Business Centre, 14 Davies Way Loudwater High Wycombe, Buckinghamshire HP10 9YU REINO UNIDO

The Office raised an objection on 03/04/2018, pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR, because it found that the trade mark applied for is partially not eligible for registration, for the reasons set out in the attached letter, which forms an integral part of this decision.

The sign for which protection is sought, ‘SLEEPSCENT’, immediately informs consumers without further reflection that the relevant goods applied for in Classes 3 and 21 in relation to which an objection has been raised consist of, contain, diffuse or are enabled to diffuse scents which induce sleep, or otherwise promote and aid the sleeping process.

Consequently, the relevant English-speaking consumer would perceive the sign as providing information about the kind and ultimate purpose of the goods in question.

Therefore, taken as a whole, the sign for which protection is sought is partially descriptive and devoid of any distinctive character, and is not capable of distinguishing the goods in relation 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 17 871 511 is hereby rejected for the following goods:

Class 3: Perfumery, essential oils, non-medicated cosmetics, scents; fragrances; oils for perfumes and scents; perfumeries; room scenting sprays; scented fabric refresher sprays; scented linen sprays; scented oils; scented room sprays; air fragrance preparations; air fragrance reed diffusers; air fragrancing preparations; aromatics for fragrances; fragrancing preparations; cushions filled with fragrant substances; cushions impregnated with fragrant substances; fragrance for household purposes; fragrance preparations; fragrance refills for non-electric room fragrance dispensers; fragrance sachets; refills for electric room fragrance dispensers; room fragrances; room fragrancing products.

Class 21: Scent sprays [atomizers]; air fragrancing apparatus; aerosol dispensers, not for medical purposes; perfume burners; perfume vaporizers; perfume sprayers.

The application proceeds accordingly for the remaining goods in Classes 3 and 21, namely the following:

Class 3: Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; non-medicated soaps; non-medicated hair lotions; cleaning preparations.

Class 21: Household or kitchen utensils and containers; articles for cleaning purposes; plug-in diffusers for mosquito repellents.

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.

Gueorgui IVANOV