[Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 23/08/2018

DSM INTELLECTUAL PROPERTY

P.O. Box 9

NL-6160 MA Geleen

PAÍSES BAJOS

Application No:	17 888 320
Your reference:	TM13025-EU-EUT
Trade mark:	LIGHT STRESS
Mark type:	Word mark
Applicant:	DSM Intellectual Property P.O. Box 9 NL-6160 MA Geleen PAÍSES BAJOS

The Office raised a partial objection on 27/04/2018 pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR because it found that the trade mark applied for is not eligible for registration, 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 words ‘LIGHT STRESS’ immediately inform consumers without further reflection that the goods at issue in Class 5 alleviate the symptoms of light stress. Therefore, the mark conveys obvious and direct information regarding the 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) and (c) and Article 7(2) EUTMR, the application for European Union trade mark No 17 888 320 is hereby partially rejected for the following goods claimed, namely:

Class 5 Dietary and nutritional supplements; nutraceuticals for use as a dietary

supplement.

The application may proceed for the remaining goods and services, namely:

Class 9 Spectacles, protective and corrective eyewear.

Class 10 Eye testing apparatus.

Class 44 Optometric services; vision screening services; opticians' services.

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.

Finn PEDERSEN