Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 16/09/2020

Honey Fresh Cosmetics

Hamerstraat 2

NL-1021 JV Amsterdam

PAÍSES BAJOS

Application No:	18 242 521
Your reference:
Trade mark:	Honey Fresh Cosmetics
Mark type:	Word mark
Applicant:	Honey Fresh Cosmetics Hamerstraat 2 NL-1021 JV Amsterdam PAÍSES BAJOS

The Office raised an objection on 28/05/2020 pursuant to Article 7(1) EUTMR

because it found that the trade mark applied for is not eligible for registration under

Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, for the reasons set out in the

attached letter, which forms an integral part of this decision.

The Office maintains that the verbal elements ‘Honey Fresh Cosmetics’ immediately inform consumers without further reflection that the goods at issue in class 3 are new, freshly made cosmetic products which contain honey or nectar, known for its moisturizing and softening properties on the skin and hair.

Therefore, the mark conveys obvious and direct information regarding the kind and

quality of the goods in question.

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 18 242 521

is hereby rejected for all the goods, namely:

Class 3 Cosmetics.

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.

Finn PEDERSEN