Refusal of application for a European Union trade mark

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

Alicante, 20/06/2017

JAMES LOVE LEGAL LIMITED

One Sceptre House, Hornbeam Square North

Harrogate HG2 8PB

REINO UNIDO

Application No:	016162323
Your reference:	RB/JLLIP/EPST-001-EM
Trade mark:	HANDY HEATER
Mark type:	Word mark
Applicant:	Ontel Products Corporation 21 Law Drive Fairfield, New Jersey 07004 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 05/01/2017 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 lacks of distinctive character, for the reasons set out in the attached letter.

The failed to submit observations within the time limit. 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 016162323 is hereby rejected for the following goods:

Class 11 Room heaters; electric space heaters; air heating apparatus; bed warmers; cushions [pads] (heating-), electric, not for medical purposes; domestic radiators; electric fans; fan heaters; electric fires; electric plate warmers; fires; food warmers; infrared lamps.

Following a further consideration the Office has decided to waive the objection for the following goods:

Apparatus for cleaning air; candle lanterns; dryers for the hands using a warm air drying stream; hand held hair dryers; travel hair dryers.

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.

Martin EBERL