Refusal of application for a European Union trade mark (Article 7 and Article 42(2) EUTMR)]

Alicante, 07/11/2019

DENNEMEYER & ASSOCIATES

P.O. Box 1502

1015 Luxembourg

LUXEMBURGO

Application No:	018091102
Your reference:	486186-EM
Trade mark:	COLOUR ELIXIR SOFT MATTE
Mark type:	Word mark
Applicant:	Noxell Corporation 11050 York Road Hunt Valley Maryland 21030-2098 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 17/07/2019 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.

With the communication dated 17/07/2019, the Office informed the applicant that the application is ineligible for registration because it is devoid of any distinctive character in relation to the goods for which protection is saught, namely Cosmetics in Class 3. The application will be understood by the relevant English-speaking consumer as a promotional laudatory slogan that communicates a value statement. The slogan merely highlights positive aspects of the goods.

Therefore, the sign in question is devoid of any distinctive character within the meaning of Article 7(1)(b) and Article 7(2) EUTMR.

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 18 091 102 is hereby rejected for all the goods 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.

Dorothée SCHLIEPHAKE