Refusal of application for a European Union trade mark

(Article 7 EUTMR and Rule 11(3) EUTMIR)

Alicante, 27/07/2016

BOULT WADE TENNANT

Verulam Gardens

70 Gray's Inn Road

London WC1X 8BT

REINO UNIDO

Application No:	014564306
Your reference:	AWP/CPD/NCJ/T143262EM00
Trade mark:
Mark type:	Three-dimensional
Applicant:	DeRoyal Industries, Inc. 200 DeBusk Lane Powell, Tennessee 37849 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 07/10/2015, pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is not eligible for registration, for the reasons set out in the attached letter.

The applicant submitted its observations and evidence on 08/02/2016, however after giving due consideration to the applicant’s arguments, the Office decided to maintain the objection for the reasons set out in the attached letter of 19/04/2016. However, the Office agreed to exceptionally provide the applicant with a further period of two months in order to submit additional evidence in support of an acquired distinctiveness claim. Nevertheless, the applicant failed to submit this subsequent evidence within the time limit.

Consequently, for the reasons set out in the letters of objection, and pursuant to Article 7(1) EUTMR, the application for European Union trade mark No 14 564 306 is hereby rejected for the goods claimed.

According to Article 59 EUTMR, you have a right to appeal against this decision. According to Article 60 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.

Sam CONGREVE