Refusal of application for a European Union trade mark

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

Alicante, 10/08/2017

Isabelle Bertaux

2 rue Saint Florentin

F-75001 PARIS

FRANCIA

Application No:	16 519 506
Your reference:	IBE201796
Trade mark:
Mark type:	Figurative mark
Applicant:	Shenzhen Nanyunchuan Trading Co., Ltd. Rm. 701, Gongjiao Blg.,No. 1, Branch Rd.,Lianhuazhi, Lianhua Subdist., Futian Dist., Shenzhen REPÚBLICA POPULAR DE CHINA

The Office raised a partial objection on 11/05/2017 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 distinctive character, 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) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 16 519 506 is hereby rejected for the following goods:

Class 21 Scoops [tableware]; kitchen utensils; porcelain ware; ceramics for household purposes; tableware, other than knives, forks and spoons.

The application may proceed for the remaining goods, namely:

Class 6 Ironwork for doors; ironwork for windows; building or furniture fittings of nickel-silver; furniture casters of metal; fittings of metal for furniture; materials of metal for funicular railway permanent ways; pulleys of metal, other than for machines; runners of metal for sliding doors; chains of metal; padlocks; keys; door handles of metal; hinges of metal; ironmongery; tree protectors of metal.

Class 21 China ornaments; statues of porcelain, ceramic, earthenware or glass; works of art of porcelain, ceramic, earthenware or glass; busts of porcelain, ceramic, earthenware or glass; statuettes of porcelain, ceramic, earthenware or glass; clothes racks, for drying; services [dishes]; glass stoppers / glass caps; cooking pot sets; cooking pots; frying pans; flower pots; bottle openers, electric and non-electric.

Class 28 Toys for domestic pets; play balloons; toys; building blocks [toys]; toy pistols; parlor games; dolls; teddy bears; plush toys; toy vehicles; jigsaw puzzles; radio-controlled toy vehicles; scale model kits [toys]; toy models; drones [toys]; novelties for parties, dances [party favors, favours].

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.

Finn PEDERSEN