Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 06/02/2020

HGF LIMITED

1 City Walk

Leeds, Leeds LS11 9DX

REINO UNIDO

Application No:	018100912
Your reference:	DPO/T286102EP
Trade mark:	CLEAN CLINICAL VITAMINS
Mark type:	Word mark
Applicant:	Ronert Health, LLC 500 University Boulevard, Suite 104 Jupiter Florida 33458 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 14/08/2019 pursuant to Article 7(1)(b), (c) 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 sign you have applied for is ineligible for registration under Article 7(1)(b) and (c) and Article 7(2) EUTMR, because it describes certain characteristics of the goods for which protection is sought, and it is also devoid of any distinctive character. In the present case, the relevant consumers would perceive the sign as providing information that goods applied for, being vitamins and mineral substances, are free from unpleasant substances, are non-polluting, scientifically-medically developed or used medical- nutritional supplements or products. Therefore, the sign describes the kind, quality, value of the goods in question. Given that the sign has a clear descriptive meaning, it is also devoid of any distinctive character and therefore objectionable under Article 7(1)(b) EUTMR, as it is incapable of performing the essential function of a trade mark, which is to distinguish the goods or services of one undertaking from those of other undertakings.

The applicant failed to submit observations within the extended time limit. For the reasons set out in the letter of objection, and pursuant to Article 7(1)(b),(c) and Article 7(2) EUTMR, the application for European Union trade mark No 18100912 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.

Erkki Münter