Refusal of application for a European Union trade mark

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

Alicante, 07/12/2016

WITHERS & ROGERS LLP

4 More London Riverside

London SE1 2AU

UNITED KINGDOM

Application No:	15 512 718
Your reference:	T346601CTM/DM
Trade mark:
Mark type:	Three-dimensional
Applicant:	Dupaco, Inc. 4144 Avenida de la Plata, Suite B Oceanside CA 92056 UNITED STATES OF AMERICA

1. Summary of the facts

1. The Office raised an objection on 01/08/2016 pursuant to Article 7(1)(b) EUTMR, because it found that the trade mark applied for is devoid of any distinctive character for all the goods for which registration is sought, for the reasons set out in the attached letter.

2. The time limit for submitting observations in reply was extended by the Office's letter of 30/09/2016. The applicant did not submit any observations within the extended time limit that expired on 01/12/2016.

2. Decision

The application for a European Union trade mark No 15 512 718 is hereby refused for all the goods for which registration is sought pursuant to Article 7(1)(b) EUTMR, for all the reasons set out in the letter of provisional refusal.

3. Right to appeal

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.

Mirjana PUSKARIC