Refusal of application for a European Union trade mark

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

Alicante, 18/07/2017

WILSON GUNN

Charles House 148/9 Great Charles Street

Birmingham B3 3HT

REINO UNIDO

Application No:	016419822
Your reference:	T/62058.EM
Trade mark:	WORKINGWALL
Mark type:	Word mark
Applicant:	Richard Signs Ltd Unit 11, Avon Industrial Estate, Butler's Leap Rugby CV213UY REINO UNIDO

1. The Office raised an objection on 09/03/2017, 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 devoid of any distinctive character, for the reasons set out in the attached letter.

2. Pursuant to Article 75 EUTMR, it is up to the Office to take a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments.

The time to reply was extended for two months, however, the applicant did not submit any observations within the prolonged time limit.

3. Therefore, and for the reasons set out in the letter of 09/03/2017, and pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 16 419 822 is hereby rejected for the following goods and services:

Class 16: Magnetic boards, drywipe boards, magnetic drywipe boards and magnetic noticeboards; attachments for magnetic boards, drywipe boards, magnetic drywipe boards and magnetic noticeboards; office requisites, all for use with the aforesaid goods.

Class 19: Wall tiles and coverings; magnetic wall tiles and coverings.

Class 40: Custom manufacture of wall tiles, magnetic boards, drywipe boards, magnetic drywipe boards and magnetic noticeboards; custom manufacture of office furniture for use with magnetic boards, drywipe boards, magnetic drywipe boards or magnetic noticeboards; custom manufacture of attachments and fittings for wall tiles, magnetic wall tiles, magnetic boards, drywipe boards, magnetic drywipe boards or magnetic noticeboards.

The application may proceed for the remaining goods and services, namely for:

Class 16: Stationery.

Class 40: Custom manufacture of stationery.

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.

Anne-Lee KRISTENSEN