Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 25/08/2020

Sóvágó Gyula Ügyvédi Iroda

Budapest

Abonyi utca 25. I/1.

H-1146

HUNGRÍA

Application No:	018216514
Your reference:
Trade mark:	Co-Impact Sourcing
Mark type:	Word mark
Applicant:	dōTERRA Holdings, LLC 389 South 1300 West Pleasant Grove, Utah 84062 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 28/04/2020 pursuant to Article 7(1)(b) and (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 relevant English-speaking consumer would understand the words ‘Co-Impact Sourcing’ of the trade mark as meaning: providing career development opportunities to people who otherwise have limited prospects for sustainable employment as a results of individuals, groups or organisations working together.

The sign is considered descriptive and devoid of any distinctive character for all the services because it would simply be perceived by the relevant public as providing information that that the services at hand are performed/provided/delivered by employees from economically disadvantaged areas as a means of improving their situation and outsourced as a result of joint efforts of individuals, groups or organisations, or that the services (e.g. retail services in relation to dietary supplements; demonstration of goods) are related to goods that are manufactured/produced by employees from economically disadvantaged areas. Therefore, the sign describes the way in which the services in question are performed/provided/delivered, or the way in which the goods that are subject of some of the services are manufactured/produced.

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) and Article 7(2) EUTMR, the application for European Union trade mark No 18 216 514 is hereby rejected 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.

Anna BAKALARZ