Decision on the inherent distinctiveness of an application for a European Union trade mark

(Article 7 EUTMR)]

Alicante, 23/03/2018

ARPE PATENTES Y MARCAS, S.L.

C/Proción, 7, Edificio América II, Portal 2, 1ºC

E-28023 Madrid-Aravaca

ESPAÑA

Application No:	015816804
Your reference:
Trade mark:	VR One
Mark type:	Word mark
Applicant:	MICRO-STAR INT'L CO., LTD. No. 69, Li-De St. Jung-He City, New Taipei City, 235 TAIWÁN

The Office raised an objection on 23/11/2017 pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR because it found that the trade mark applied for is ineligible for registration as it describes certain characteristics of the goods and services for which protection is sought, and it is also 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 Article 7(1)(b) and (c) and Article 7(2) EUTMR, the application for European Union trade mark No 15 816 804 is hereby rejected.

According to Article 67 EUTMR, you have a right to appeal against this decision. According to Article 68 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.

Lynn BURTCHAELL