Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 29/11/2017

Chapman IP

Kings Park House

22 Kings Park Road

Southampton

Hampshire SO15 2AT

REINO UNIDO

Application No:	016490203
Your reference:	T07031EM00
Trade mark:	ThermoActive
Mark type:	Word mark
Applicant:	Poly-Gel L.L.C. 30 Leslie Court Whippany, New Jersey 07981 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 29/03/2017 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is descriptive and lacking distinctive character, for the reasons set out in the attached letter.

The applicant submitted its observations after an extended deadline on 28/07/2017. The Office responded to these observations and gave an additional deadline for applicant to submit evidence of acquired distinctiveness to overcome the ground for refusal of protection indicated under the provisions of Article 7(3) EUTMR.

The applicant failed to submit any evidence within the time limit, which expired on 19/11/2017. For the reasons set out in the letter of objection, and pursuant to Article 7(1) EUTMR, the application for European Union trade mark No 16 490 203 is hereby rejected for all the goods claimed.

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.

Gordana TRIPKOVIC