“Glossier” trademark denied by EUIPO

In February 2024, Glossier, Inc. applied for the extension of its international registration “GLOSSIER” in classes 03 and 35 before the EUIPO. In April 2024, the Office issued a provisional refusal, arguing that “GLOSSIER” is an indicator of the quality of the intended goods.

Glossier, Inc. responded to the refusal by mentioning that its trademark is a catchy term that does not describe the features of the intended goods, as well as pointing to the existence of prior “GLOSSIER” registrations at the EUIPO. However, the Office maintained the refusal, as “GLOSSIER”, being the comparative of the term “GLOSSY”, does indicate that the goods will make hair softer and shinier. Furthermore, the Office stated that the decision to register a sign is based on delimited competences and not on previous practices of the Office, so the existence of previous registrations does not imply the granting of this application. Despite the refusal, Glossier, Inc. can demonstrate that its trademark has acquired distinctiveness through continued use in the market.