Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 02/10/2018

BRANDED!

Unit 3a Centurion Office Park Clifton Moor

York YO30 4WW

REINO UNIDO

Application No:	017889322
Your reference:
Trade mark:	COLOUR SHOT
Mark type:	Word mark
Applicant:	Darkstar International Limited The Raylor Centre James Street York North Yorkshire YO10 3DW REINO UNIDO

On 18/05/2018, the Office raised a total objection pursuant to Articles 7(1) (b), (c) and Article 7(2) EUTMR because it found that the trade mark applied for was not eligible for registration.

The Office took the view that the relevant consumers would perceive the sign COLOUR SHOT as providing information that the goods concerned, which are all liquid solutions for use in electronic cigarettes, consist of a small amount of coloured liquid. The term “shot” is a term commonly used in relation to the e-liquids as providing information that the goods applied for, as demonstrated by internet searches contained in the attached letter of objection. Therefore, the sign describes the kind, quality and quantity of the goods in question.

Given that the sign has a clear descriptive meaning, it is also devoid of any distinctive character and therefore objectionable under Article 7(1)(b) EUTMR, as it is incapable of performing the essential function of a trade mark, which is to distinguish the goods or services of one undertaking from those of other undertakings..

The applicant failed to submit observations within the set time limit. For the reasons set out above, which are further explained in the letter of objection, which is attached and forms an integral part of this decision, and pursuant to Article 7(1) EUTMR, the application for European Union trade mark No 017889322 is hereby rejected for all the goods applied for, namely

Class 34 Liquid solutions for use in electronic cigarettes; Electronic cigarette liquid [e-liquid] comprised of propylene glycol; Electronic cigarette liquid [e-liquid] comprised of vegetable glycerin.

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.

Robert MULAC