Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 26/06/2019

Oxyman (UK) Limited

Alcester Road, Mappleborough Green

Studley, Warwickshire B80 7DF

REINO UNIDO

Application No:	18 025 313
Your reference:
Trade mark:	CLEAN SPORT+TESTED Anti Doping Programme REGISTERED EST N0. GB550/74 MADE IN GB
Mark type:	Figurative mark
Applicant:	Oxyman (UK) Limited Alcester Road, Mappleborough Green Studley, Warwickshire B80 7DF REINO UNIDO

The Office raised a partial objection on 12/03/2019 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) EUTMR 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 its’ position that the relevant public would perceive the current sign:

as promotional in relation to the goods applied for in class 5 (all kind of veterinary substances, supplements and preparations (dietary/dietetic), pharmaceuticals for veterinary use, etc.) and in class 31 (foodstuffs and fodder for animals), namely that these products – made in Great Britain - have got a seal or a stamp which certifies compliance with anti-doping regulations and rules with a view to protecting clean sport such as horseracing.

Moreover, in the present case the relevant public will not tend to perceive in the sign any particular indication of commercial origin beyond the promotional information conveyed, which merely serves to highlight positive aspects of the goods concerned, namely that these products are manufactured in GB/Great Britain, tested and abiding to the anti-doping rules and programmes being part of clean sport and lastly originating from an approved and registered business establishment [under no. GB 550/74].

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) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 18 025 313 is hereby rejected for all the goods, namely:

Class 5 Dietary supplements and dietetic preparations; pharmaceuticals and natural remedies; amino acid preparations for veterinary use; antibiotic food supplements for animals; feed supplements for veterinary use; lotions for veterinary purposes; pharmaceutical preparations for animals; pharmaceutical preparations for veterinary use; preparations of trace elements for human and animal use; veterinary preparations; veterinary preparations and substances; vitamin and mineral preparations; yeast for medical, veterinary or pharmaceutical purposes.

Class 31 Foodstuffs and fodder for animals.

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