Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 27/08/2019

DESPACHO GONZÁLEZ-BUENO, S.L.P.

Calle Velázquez 19, 2º Dcha.

E-28001 Madrid

ESPAÑA

Application No:	018038309
Your reference:	CE-10333
Trade mark:	CLEAN BEAUTY THAT WORKS
Mark type:	Word mark
Applicant:	The Honest Company, Inc. 12130 Millennium Drive, Suite 500 Playa Vista California 90094 ESTADOS UNIDOS (DE AMÉRICA)

With the notification dated 16/05/2019 (attached) the applicant was informed that the sign applied for cannot be registered under Article 7(1)(b) and Article 7(2) EUTMR.

With the notice the applicant was given opportunity to submit observations in reply. Pursuant to Article 94 EUTMR, it is up to the Office to take a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments.

In the letter of objection, the Office stated that CLEAN BEAUTY THAT WORKS would simply be perceived by the relevant public as a promotional laudatory slogan, the function of which is to communicate a value statement. 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 that the retail services in question concern body cleaning and beauty care preparations that are both nontoxic / free from synthetic ingredients (clean beauty) and efficient (that works) or accessories that are intended for such goods.

The Office has not received any observations within the specified time limit. Consequently further argumentation is superfluous and the application is rejected for the reasons as stated in the above notice pursuant to Article 7(1)(b) and 7(2) EUTMR for all the 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.

Päivi Emilia LEINO