Refusal of application for a European Union trade mark

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

Alicante, 27/09/2016

THE BOOTS COMPANY PLC

Jamie Sala-Scott

The Boots Company PLC

Group Intellectual Property

Nottinghan NG90 1BS

REINO UNIDO

Application No:	015271001
Your reference:	JSS/DG/24598
Trade mark:	HEALTHCOACH
Mark type:	Word mark
Applicant:	THE BOOTS COMPANY PLC . Nottingham NG2 3AA REINO UNIDO

The Office raised an objection on 13/05/2016 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is not eligible for registration under Article 7(1)(b) and (c), for the reasons set out in the attached letter. After an extension of the time limit, the time limit set by the Office was 13/09/2016.

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 15 271 001 is hereby rejected for the following goods and services:

Class 9 Computer software; electronic programs; interactive programs; software; software for multi-channel, omni-channel and cross-channel e-commerce platforms; digital recording media.

Class 16 Printed publications; printed advertisements; printed pamphlets; printed booklets; printed flyers; printed newsletters; instructional and teaching materials.

Class 35 Retail and wholesale services relating to healthcare products, medicines and pharmaceutical products.

Class 41 Education and training services relating to health and wellbeing.

Class 44 Advisory services relating to medical products.

The application is accepted for the remaining goods and 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.

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