Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 27/07/2018

PROCTER & GAMBLE France SAS

Catherine Montheil

163 Quai Aulagnier

F-92665 Asnières sur Seine Cédex

FRANCIA

Application No:	017884901
Your reference:	TM-525382/EM-HA
Trade mark:	SCALP EXPERT
Mark type:	Word mark
Applicant:	The Procter & Gamble Company One Procter & Gamble Plaza Cincinnati, Ohio 45202 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 04/05/2018, pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is not eligible for registration under Article 7(1)(b) and Article 7(2) EUTMR, for the reasons set out in the attached letter, which forms an integral part of this decision.

The Office maintains that, taken as a whole, the word mark ‘SCALP EXPERT’ would simply be perceived by the relevant public as a promotional laudatory slogan, the function of which is to communicate a customer service statement. Moreover, in the present case, the relevant public will not tend to perceive any particular indication of commercial origin in the sign beyond the promotional information conveyed, which merely serves to highlight positive aspects and the quality of the goods in question, namely that they are provided by a company having extensive skill or knowledge about the skin and subcutaneous tissue covering the top of the head, that is specialising in the scalp and its specific care.

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) EUTMR the application for European Union trade mark No 17 884 901 is hereby rejected for the following goods:

Class 3: Soaps; perfumery; essential oils; cosmetics; hair lotions; preparations for the cleaning, care and beautification of the skin, scalp and hair; hair styling preparations; hair tinting, bleaching, dyeing and coloring preparations.

The application may proceed for the remaining goods, namely:

Class 3: Dentifrices.

Under Article 67 EUTMR, you have a right to appeal against this decision. In accordance with 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 for 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.

DE ALFONSETI HARTMANN, Isabel