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OPERATIONS DEPARTMENT |
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L123 |
Refusal of application for a European Union trade mark
(Article 7 EUTMR and Rule 11(3) EUTMIR)
Alicante, 11/08/2017
Patentanwälte
BEETZ & PARTNER mbB
Steinsdorfstr. 10
D-80538 München
ALEMANIA
Application No: |
16 586 406 |
Your reference: |
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Trade mark: |
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Mark type: |
Figurative mark |
Applicant: |
Shenzhen Huiding Technology Co.,Ltd. Floor 13, Phase B, Tengfei Industrial Building,Futian Free Trade Zone Shenzhen,Guangdong REPÚBLICA POPULAR DE CHINA |
The Office raised an objection on 26/04/2017 pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR because it found that the trade mark applied for 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 16 586 406 is hereby rejected for the following goods:
Class 9 Computer software applications, downloadable; electric sensors; bio-sensors; electronic sensors; light sensors; piezoelectric sensors; photoelectric sensors.
The application may proceed for the remaining goods, namely:
Class 9 Data-processing apparatus; computer peripheral devices; notebook computers; tablet computers; smartphones; integrated circuits; chips [integrated circuits]; portable computers.
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