Refusal of application for a European Union trade mark

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

Alicante, 12/01/2017

Be A Better You

Suite 12/3E Docklands Business Centre 10-16 Tiller Road

London London, City of E14 8PX

REINO UNIDO

Application No:	015310808
Your reference:
Trade mark:	Be A Better You
Mark type:	Figurative mark
Applicant:	Be A Better You Suite 12/3E Docklands Business Centre 10-16 Tiller Road London London, City of E14 8PX REINO UNIDO

The Office raised an objection on 28/04/2016 pursuant to Article 7(1)(b) EUTMR and Article 7(2) EUTMR because it found that the trade mark applied for is devoid of distinctive character, for the reasons set out in the attached letter.

The applicant filed its observations on 23/05/2016 and filed evidence concerning acquired distinctiveness.

After analysing the evidence, the Office raised a new objection on 05/09/2016 allowing the applicant to file further evidence concerning the acquired distinctiveness of the mark applied for.

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 15 310 808 is hereby rejected for all the services 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.

SZABOLCS KISS