Refusal of application for a European Union trade mark

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

Alicante, 18/04/2016

HGF Limited

4th Floor, Merchant Exchange, 17-19 Whitworth Street West

Manchester M1 5WG

UNITED KINGDOM

Application No:	14 633 317
Your reference:	RJF/T227816EP
Trade mark:
Mark type:	Figurative mark
Applicant:	Pyroguard UK Limited International House Millfield Lane Haydock, Merseyside WA11 9GA UNITED KINGDOM

1. Summary of the facts

1. The Office raised an objection on 23/10/2015 pursuant to Article 7(1)(b) and 7(2) EUTMR, because it found that the trade mark applied for was devoid of any distinctive character for the goods for which registration is sought, for the reasons set out in the attached letter.

2. The applicant submitted its observations on 21/12/2015. In reply of 05/02/2016, the Office maintained the raised objection for all the goods for which registration is sought. By the same letter, the applicant was given a new time-limit to submit evidence of acquired distinctiveness, as requested.

3. The applicant did not field any evidence of acquired distinctiveness within the time lime.

2. Decision

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 14 633 317 is hereby refused for all the goods for which registration is sought.

3. Right to appeal

According to Article 59 EUTMR, you have a right to appeal against this decision. According to Article 60(1) EUTMR, 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 720 has been paid.

Mirjana PUSKARIC