Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 06/11/2019

STOBBS

Building 1000

Cambridge Research Park

Cambridge CB25 9PD

REINO UNIDO

Application No:	018092007
Your reference:	3487/11396/LVG/TR1/TG1
Trade mark:	PLANTBUTTR
Mark type:	Word mark
Applicant:	Upfield Europe B.V. Nassaukade 3 NL-3071 JL Rotterdam PAÍSES BAJOS

The Office raised an objection on 29/08/0219 pursuant to Article 7(1)(b) and (c) EUTMR 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 Office maintains that, the relevant consumers would perceive the sign as providing information that the goods in question are butters/spreads of plant origin. Therefore, the sign describes the kind and nature of the goods in question.

The misspelling of the word “butter” (BUTTR) does not add any distinctiveness to the mark as a whole.

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) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 018092007 is hereby rejected in part, namely for:

Class 29 Oils and fats for food; spreads; non-dairy spreads; butter substitutes; seed butters; butter made from nuts; cocoa butter; powdered nut butters; margarine substitutes; edible fat-based spreads for bread; edible oils and fats; cooking oils; nut oils; vegetable oils for food; coconut oil and fat for food; soya bean oil for food; seed oils for food; flavoured oils; olive oils; spiced oils; blended oils for food; hydrogenated oils for food; hardened oils; vegetable and plant- based meat substitutes; vegetable spreads; vegetable-based spreads; nut paste spreads; nut-based spreads; spreads consisting mainly of fruits.

The application will proceed accordingly for the remaining goods:

Class 29 Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; cream; sour cream; cream powder; artificial cream (dairy product substitutes); cream alternatives and substitutes; non-dairy milk and cream; dips; dairy-based dips; meat-based snack foods; vegetable- based snack foods; cheese spreads; cheese-based snack foods; fruit-based snack food; fruit snacks; dairy-based beverages; drinks made from dairy products; protein milk; cream, being dairy products; non-dairy creamer; dairy whiteners for beverages; milk powder for nutritional purposes; dairy-based whipped topping; dairy puddings and desserts; yoghurt; yoghurts; yoghurt beverages and drinks; yoghurt-based beverages and drinks; drinking yoghurt; yoghurt dessert; soya yoghurt; flavoured yoghurt; custard-style yoghurts; low fat yoghurt; preparations for making yoghurt; yoghurt made with goats milk; milk products; butter milk; butter cream; milk; milkshakes; sour milk; milk curds; flavoured milks; milk solids; dried milk; milk powder; soya milk; milk beverages and drinks; milk based beverages and drinks; flavoured milk beverages and drinks; milk beverages, milk predominating; rice milk; sheep milk; goat milk; cows' milk; fermented milk; evaporated milk; curdled milk; condensed milk; albumin milk; oat milk; milk substitutes; milk-based snacks; kefir; kumiss [milk beverage]; hemp milk used as a milk substitute; artificial milk based desserts; almond milk; coconut milk; peanut milk; hazelnut milk; cashew milk; nut milks; snack foods based on nuts; fruit and nut-based snack bars; nut and seed-based snack bars; snack foods based on legumes; tofu-based snacks; soya based snacks; snacks of edible seaweed; protein-based snacks.

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.

Cecilia ALIN