Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 19/10/2017

TEODORU I.P. SRL

12 Nerva Traian Street, Building M37, 1st Entrance, 1st Floor, Suite 1, District 3

031176 Bucharest

RUMANIA

Application No:	016414609
Your reference:	PRACTICE
Trade mark:	practice,
Mark type:	Figurative mark
Applicant:	Pacific Hope Trade and Development LTD. Room 501, 5/F., CHOW SANG SANG BUILINDING, 229 NATHAN ROAD, JORDAN, KOWLOON REGIÓN ADMINISTRATIVA ESPECIAL DE HONG KONG DE LA REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 04/05/2017 pursuant to Article 7(1) b and c 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. For the reasons set out in the letter of objection, and pursuant to Article 7(1) b and c and Article 7(2) EUTMR, the application for European Union trade mark No 06414609 is hereby rejected for the following goods and services:

Class 10 Apparatus for achieving physical fitness [for medical use]; Weight training apparatus adapted for medical use; Apparatus for physical training for medical use; Physical exercise articles for physical training [for medical purposes]

Class 25 Yoga bottoms; Yoga shirts; Yoga pants; Yoga shoes; Gym wear; Gym shoes; Gym boots; Gym shorts; Gym suits; Gymnastic shoes; Clothing for gymnastics; Training shoes; Training suits..

Class 27 Yoga mats; Gymnasium mats; Gymnastic mats; Gymnasium exercise mats; Floor coverings [mats] for use in gymnastic activities.

Class 28 Indoor fitness apparatus; Yoga blocks; Yoga straps; Gym balls for yoga; Gym balls; Gymnastic articles; Gymnastic apparatus; Gymnastic training stools; Rings for gymnastics; Clubs for gymnastics; Gymnastics (Appliances for -); Appliances for gymnastics; Benches for gymnastic use; Balance beams [for gymnastic]; Portable home gymnastic apparatus; Gymnastic and sporting articles; Sports training apparatus; Body-training apparatus; Martial arts training equipment; Body training apparatus [exercise]; Leg weights for sports training; Hurdles for use in athletics training.

The application may proceed for the remaining goods namely:

Class 10 Foot massage apparatus; Foam massage rollers; Neck massage apparatus; Back massage apparatus; Manual massage instruments; Instruments for massage; Electrically operated massagers; Deep heat massage apparatus; Non-electric massage apparatus; Massage apparatus [for medical purposes]; Vibration generating apparatus for massage; Massage apparatus, electric or non-electric; Electric massage apparatus for household use; Electric massage apparatus for personal use.

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.

Carine CEELEN