Refusal of application for a European Union trade mark

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

Alicante, 07/07/2016

ZAMBON S.p.A.

Patrizia Sforna

Via Lillo del Duca, 10

I-20091 Bresso (MI)

ITALIA

Application No:	015318223
Your reference:	TM2871EU00
Trade mark:
Mark type:	Figurative mark
Applicant:	ZAMBON S.p.A. Via Lillo del Duca, 10 I-20091 Bresso (MI) ITALIA

The Office raised an objection on 26/04/2016 pursuant to Article 7(1)(b) EUTMR because it found that the trade mark applied for is devoid of any distinctive character, 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)(b) EUTMR, the application for European Union trade mark No 15 318 223 is hereby rejected for all the goods claimed, namely:

Class 5 Pharmaceutical preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical use, dietary supplements for humans.

According to Article 59 EUTMR, you have a right to appeal 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.

Richard PRYCE