MATSCHA for tea - Why the EUIPO denied trademark protection

The EUIPO, the EU trademark office responsible for EU trademarks, has rejected the trademark application „MATSCHA“ for tea and catering services because the sign is perceived by the relevant consumer as purely informative: it merely describes that the tea is matcha tea and that the services specialize in matcha tea. 

The spelling "MATSCHA" (instead of "Matcha") and the addition of the ® symbol or graphic elements such as bold text do not change this: peculiarities in spelling that are not phonetically noticeable are generally to be disregarded when assessing the descriptive character. The trademark symbol "®" merely indicates that the applicant claims rights to this sign or that it is already registered as a national trademark. It does not constitute an independent element in the perception of the relevant public. The graphic elements of the trademark are inconspicuous and therefore negligible.

In the opinion of the Office, the sign therefore lacks the required distinctiveness under Article 7(1)(b) EUTMR, as it makes a purely descriptive statement about the nature and specialty of the goods and services. The trademark therefore cannot be registered.