Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 23/05/2019

Rosa Carter

37 Fransfield Grove

London SE26 6BA

UNITED KINGDOM

Application No:	018008308
Your reference:
Trade mark:	PURE SPORTS NUTRITION
Mark type:	Word mark
Applicant:	Rosa Carter 37 Fransfield Grove London SE26 6BA UNITED KINGDOM

The Office raised an objection on 06/03/2019 pursuant to Article 7(1)(b) 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 mark may simply be perceived by the relevant public as a promotional laudatory reference to the pure quality of the goods, in this regard the mark merely informs the consumer that the goods are for use by sports-persons for their nutritional needs and are made of pure natural substances, unmixed with additives or anything else.

The mark may be perceived as a promotional slogan alluding to the absolute (pure) effectiveness of the goods in serving the nutritional needs of sportspersons. In this sense the mark functions as a value statement, lauding the goods as offering complete and total sports nutrition. 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 of the goods in question, namely that they are ideal nutriments for sport.

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 Article 7(2) EUTMR, the application for European Union trade mark No 18 008 308 is hereby rejected for all the goods and services claimed.

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.

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