Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 31/08/2018

FORRESTERS IP LLP

Rutland House

148 Edmund Street

Birmingham B3 2JA

REINO UNIDO

Application No:	017894101
Your reference:	B26063EM-JCH
Trade mark:	SALTS
Mark type:	Word mark
Applicant:	Salts Healthcare Limited Richard Street Aston, Birmingham B7 4AA REINO UNIDO

The Office raised an objection on 22/06/2018 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 sign, which would be perceive by the relevant English-speaking consumer as providing him information that the goods applied for contains salt, describes one characteristic of the goods applied such as their composition or one of their ingredients and it is not capable of distinguishing 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 17 894 101 is hereby rejected for the following goods :

Class 5 Materials for dressings, including sterile materials for dressings; surgical dressings; adhesive materials for medical purposes; adhesive patches for medical purposes; adhesives for use with ostomy appliances; adhesive plasters for use with ostomy appliances; adhesive tapes for medical purposes; adhesive removers adapted for medical use; surgical cloth (gauze); dressings tissues and wipes; bandages for dressings; hygienic bandages; disinfectants; sanitary preparations; odour eliminating sprays, deodorants and powders all adapted for medical use; foot dressings, hydrocolloid foot dressings.

Class 10 Ostomy dressings; medical products not included in other classes for the treatment of stomas; parts and fittings for the aforesaid goods.

The application may proceed for the remaining goods.

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.

Brice LAUGIER