Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 26/01/2018

KOREJZOVA LEGAL v.o.s.

Korunní 810/104 E

CZ-101 00 Praha 10

REPÚBLICA CHECA

Application No:	016509606
Your reference:	TM13069/LR
Trade mark:	WET BRUSH
Mark type:	Word mark
Applicant:	J & D Brush Co., LLC 5 Adams Avenue Hauppage New York 11788 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 07/04/2017 pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR because it found that the trade mark applied for describes certain characteristics of the goods for which protection is sought, and it is also devoid of any distinctive character, for the reasons set out in the attached letter.

The applicant submitted observations on 11/08/2017 and after giving due consideration to the applicant’s arguments, the Office decided to maintain the objection until the applicant filed further evidence to prove acquired distinctiveness through use as notified to the applicant on 04/10/2017 for the arguments conveyed in the second attached letter.

Notwithstanding, the applicant failed to submit the referred evidence within the time limit. For the reasons set out in both letter of objections, and pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 16 509 606 is hereby rejected for all the goods claimed and detailed below:

Class 21 Hair brushes.

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.

María Luisa ARANDA SALES