Refusal of application for a European Union trade mark

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

Alicante, 24/01/2017

Olesiński i Wspólnicy spółka komandytowa

ul. Powstańców Śląskich 2-4, Arkady Wrocławskie

53-333 Wrocław

POLONIA

Application No:	016001604
Your reference:	obuvki.bg_sg_001
Trade mark:	obuvki.bg
Mark type:	Figurative mark
Applicant:	eobuwie.pl Spółka Akcyjna ul. Dębowa 31 65-124 Zielona Góra POLONIA

The Office raised an objection on 15/11/2016, pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, because it found that the trade mark applied for is partially not eligible for registration, for the reasons set out in the attached letter.

The applicant failed to submit observations within the time limit. Therefore, for the reasons set out in the letter of objection, and pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 16 001 604 is hereby rejected for the following services:

Class 35: Organisation of internet auctions; providing on-line auction services; on-line auctioneering services via the internet; administrative processing and organising of mail order services; computerized on-line ordering services; computerised stock ordering; import and export services; import-export agencies; retail store services in the field of clothing; online retail store services relating to clothing; electronic commerce services, namely, providing information about products via telecommunication networks for advertising and sales purposes; retail services connected with the sale of clothing and clothing accessories; retail services in relation to footwear; wholesale services in relation to footwear; retail services in relation to clothing; wholesale services in relation to clothing; retail services in relation to bags; wholesale services in relation to bags.

The application may proceed for the remaining services in Classes 35 and 38.

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.

Gueorgui IVANOV