Refusal of application for a European Union trade mark

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

Alicante, 10/01/2017

José Izquierdo Faces

Calle General Salazar, Nº 10

E-48012 Bilbao (Vizcaya)

ESPAÑA

Application No:	015492309
Your reference:	EX-2934
Trade mark:	Brick
Mark type:	Figurative mark
Applicant:	Shantou Chenghai Huaxin Plastic Mould Factory Xingye West 2 Road, Laimei Industrial District, Chenghai District, Shantou Guangdong REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 20/09/2016 pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR because it found that the trade mark applied for is descriptive and devoid of 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) EUTMR, the application for European Union trade mark No 15 492 309 is hereby rejected for the following goods:

Class 9 Toys; Building blocks [toys]; Educational playthings.

The application is accepted for the remaining goods.

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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