Applied to the goods claimed in the application the mark could serve in the trade to designate the kind of products in the application, namely preparations and products all being the base of a system used by professionals at salons, where the system is a method in which each product has its specific role in order to achieve the desired result'. The supporting statement of grounds of appeal, dated 16 April 1999, was filed and received by fax at the Office on the same day. The applicant requests that the contested decision be set aside in its entirety and the application be allowed to proceed to registration. The claimed trade mark is not directly or literally descriptive of any characteristics of the products offered and it therefore falls within the range of merely suggestive marks which should be registrable on a prima facie basis. The claimed trade mark has been used extensively in Europe.
Evidence showing the mark in use is attached to the statement of grounds of appeal as exhibit 'C'.
The examiner did not grant interlocutory revision and the appeal was remitted to the Boards on 4 May 1999. Reference is made to the documents in the file including, in particular, the pleadings of the appellant which have been considered by the Board and taken as a basis for its decision. It is therefore admissible. The particular circumstances of each case must also be taken into consideration. In the English language the word 'salon' has several meanings.