Refusal of application for a European Union trade mark

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

Alicante, 29/03/2017

POTTER CLARKSON LLP

The Belgrave Centre

Talbot Street

Nottingham NG1 5GG

UNITED KINGDOM

Application No:	015418924
Your reference:	CNH3P/T77701EM
Trade mark:
Mark type:	Colour per se
Applicant:	CNH Industrial N.V. St. James's Street London SW1A 1HA UNITED KINDOM

On examination of the above-mentioned mark, protection is refused for the European Union because international registration does not comply with Article 7(1)(b) and (3) EUTMR to the extent that:

The mark is devoid of any distinctive character.

The grounds for refusal referred to above apply to all the goods/services covered by the designation for the European Union.

Reasons:

The Office raised an objection on 23/05/2016 pursuant to Article 7(1)(b) EUTMR because it found that the trade mark applied for is devoid of any distinctive character.

The holder sent its observations on 22/09/2016.

The Office rejected the above mentioned mark on 23/01/2017 pursuant to Article 7(1)(b) EUTMR, but granted a further time limit to submit evidence that the mark has acquired distinctiveness according to Article 7(3) EUTMR within the relevant territory of the European Union, as per attached letter.

The holder failed to submit such evidence within the time limit granted.

For the reasons set out in the letters of objection, and pursuant to Article 7(1)(b and (3) EUTMR, the application for the above mentioned international registration is hereby rejected for the European Union for all the goods/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.

Lydia HASSENPFLUG EZQUERRO