Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 30/06/2020

Brand Labs

Konstantin Fotinov No 134

1517 Sofia

BULGARIA

Application No:	018211808
Your reference:
Trade mark:	V Guard
Mark type:	Figurative mark
Applicant:	Brand Labs Konstantin Fotinov No 134 1517 Sofia BULGARIA

The Office raised an objection on 23/03/2020 pursuant to Article 7(1)(h) 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 aim of Article 6 ter(1)(a) of the Paris Convention is to preclude the registration and use of trade marks which are identical to State emblems or which are to a certain

degree similar to them. Such registration or use would adversely affect the right of the State to control the use of the symbols of its sovereignty and might, moreover, mislead the public as to the origin of the goods for which such marks are used. By virtue of Article 6 ter(1)(b) of the Paris Convention, that protection also covers the armorial bearings, flags, other emblems, abbreviations and names of international intergovernmental organisations.

State emblems and emblems of international intergovernmental organisations are protected not only against the registration and use of marks which are identical to them or which incorporate them but also against the inclusion in such marks of any imitation of those emblems from a heraldic point of view. (21/04/2004, T-127/02, ECA, EU:T:2004:110, § 39 and 40).

In the present case, the sign for which you seek protection contains an element that consists of an imitation from a heraldic point of view of a flag protected under Article 6ter of the Paris Convention, namely: the Swiss flag, consisting of a red square, with a white, bold, equilateral cross in the centre (protected under 6ter number CH67), considering the only minor difference consists in a parallelogram-like shape of the flag.

The applicant failed to submit observations and/or an authorisation to register the trade mark from the competent authority of the relevant state (or organisation) within the time limit. For the reasons set out in the letter of objection, and pursuant to Article 7(1)(h) EUTMR, the application for European Union trade mark No 18 211 808 is hereby rejected for all the goods claimed:

Class 3 Detergents; Household detergents; Dishwashing detergents; Laundry detergents; Detergents for automobiles; Detergents for household use; Soaps; Body soap; Almond soap; Waterless soap; Liquid soap; Shampoo; Shampoo-conditioners; Waterless shampoo; Household fragrances; Cleaning sprays; Body cleaning and beauty care preparations; Cosmetics; Baby wipes; Hand gels; Pre-moistened cosmetic wipes; Cologne impregnated disposable wipes; Cosmetic masks; Body masks; Facial masks; Skin masks; Cleansing masks; Face masks; Skin cleaning and freshening sprays; Spray cleaners for household use; Body oil spray; Hair styling spray.

Class 5 Disinfectants; Disinfectants and antiseptics; Disinfectant soap; Disinfectants for household use; Disinfectants for medical use; Medicated shampoos; Air deodorising and air purifying preparations; Sanitizing wipes; Antibacterial wipes; Impregnated medicated wipes; Impregnated antiseptic wipes; Disposable sanitizing wipes; Wipes for medical use; Biocides; Insecticides; Insect repellents; Insect repellants; Pest control preparations and articles; Hygienic preparations and articles; Bath preparations for medical purposes; Air fresheners; Anti-insect spray; Antibacterial sprays; Antibacterial gels.

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.

Monika TOMCZYNSKA