Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 22/02/2018

ROOME ASSOCIATES LIMITED

Basepoint Business Centre, Bromsgrove Technology Park, Isidore Road

Bromsgrove, Worcestershire B60 3ET

REINO UNIDO

Application No:	013137807
Your reference:	TM5014936CTM
Trade mark:	4WALLS
Mark type:	Word mark
Applicant:	GRAHAM & BROWN LIMITED P.O. Box 39 India Mill Harwood Street Blackburn, Lancs. BB1 3DB REINO UNIDO

The Office raised an objection on 23/08/2017 pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR because it found that the trade mark applied for is descriptive and devoid of any distinctive character, for the reasons set out in the attached letter.

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) EUTMR, the application for European Union trade mark No 13 137 807 is hereby rejected in part, namely for:

Class 27 Wall coverings; wall hangings, not of textile; wallpapers; paste-thewall

wallpapers; wall lining papers; expanded blown-vinyl wall

coverings; wall coverings of plastics; paper backed wall coverings;

fabric backed wall coverings; pvc backed wall coverings; textile wall

coverings; wall paper borders; ceiling papers; ceiling lining papers.

Class 35 Retail store services, retail mail order and on-line retail services

connected with the sale of wallpaper pastes, adhesives for wall

papers, adhesives for paperhanging, adhesives for ceiling and wall

tiles, adhesives for billposting, adhesives for wall coverings,

transparent films for graphic use, photosensitive materials, sensitised

films for graphic use, sensitised films for use in screen printing,

fireproofing preparations, film for printing; retail store services, retail

mail order and on-line retail services connected with the sale of paints,

varnishes, lacquers, preservatives against rust and against

deterioration of wood, colorants, mordants, raw natural resins; retail

store services, retail mail order and on-line retail services connected

with the sale of metals in foil and powder form for painters, decorators,

printers and artists, paper, cardboard; retail store services, retail mail

order and on-line retail services connected with the sale of paper and

film for printing, printed matter, digital printing paper, laminated paper,

display banners of paper, graphic reproductions, art prints, artwork,

works of art, photographs, photographic prints, wall paintings and

printed photographic murals, adhesive wall decorations of plastic;

retail store services, retail mail order and on-line retail services connected with the sale of wallcoverings, wall hangings, not of textile,

wallpapers, paste-the-wall wallpapers, wall lining papers, expanded

blown-vinyl wallcoverings' wall coverings of plastics, paper backed

wall covering, fabric backed wallcoverings, pvc backed wall coverings,

textile wall coverings, wall paper borders, ceiling papers, ceiling lining

papers.

The application will proceed for the remaining services.

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.

Frank MANTEY

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