Refusal of application for a Community trade mark

(Article 7 CTMR and Rule 11(3) CTMIR)

Alicante, 01/03/2016

PROMARK

62 avenue des Champs Elysées

F-75008 Paris

FRANCIA

Application No:	014497911
Your reference:	AB/MG/AL/M11369UE
Trade mark:	ACTIVATE
Mark type:	Word mark
Applicant:	8050678 Canada Inc. 1751 Richardson Street, Suite 3511 Montreal Quebec H3K 1G6 CANADÁ

The Office raised an objection on 09/10/2015 pursuant to Article 7(1)(b) and (c) CTMR and 7(2) CTMR because it found that the trade mark applied for is descriptive and devoid of any distinctive character for all of the goods claimed, for the reasons set out in the attached letter.

On 08/12/2015, the applicant submitted its observations.

On 18/12/2015, the Office issued the second notice in which the applicant’s arguments were addressed and the grounds for refusal slightly altered (copy of the second notice attached). The applicant was granted a two-month time limit for submitting observations in relation to the new facts and evidence raised by the Office. The applicant failed to submit observations within the time limit.

For the reasons set out in the letters of objection, and pursuant to Article 7(1)(b) and (c) CTMR and 7(2) CTMR, the application for Community trade mark No 14 497 911 for the word mark ‘ACTIVATE’ is hereby rejected for all of the goods claimed.

According to Article 59 CTMR, you have a right to appeal this decision. According to Article 60 CTMR, notice of appeal must be filed in writing with the Office within two months of the date of notification of this decision. 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 800 has been paid.

Solveiga BIEZA