Refusal of application for a European Union trade mark

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

Alicante, 21/04/2016

Paul Cosmovici

Cosmovici Intellectual Property, Mainzer Landstraße 49

D-60329 Frankfurt

ALEMANIA

Application No:	014979314
Your reference:
Trade mark:	INSTANT FOCUS
Mark type:	Word mark
Applicant:	SAV-IOL Routes des Falaises 74 CH-2000 Neuchatel SUIZA

The Office raised an objection on 12/02/2016 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is descriptive and non-distinctive, 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 14 979 314 is hereby rejected for the following goods:

Class 09 Optical apparatus and instruments; spectacles; sunglasses; parts and fittings for all the aforesaid goods; lenses; optical lenses; ophthalmic lenses; eyeglass lenses; objectives [lenses] optics.

Class 10 Intra-ocular lenses; intraocular lenses for surgical implantation; prostheses (intraocular -) [lenses] for surgical implantation; lenses [intraocular prosthesis] for surgical implantation; lenses [intraocular prostheses] for surgical implantation; intraocular prostheses [lenses] for surgical implantation; artificial lenses for implantation in the eye; ocular implants; intra-ocular implants; ocular implants made from artificial materials.

The application is accepted for the remaining goods/services.

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.

Alistair BUGEJA