Refusal of application for a European Union trade mark

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

Alicante, 11/08/2017

Narges Sadegh Zadeh Tabatabayi

Porsogarden 26

SE-97754 Lulea

SUECIA

Application No:	016620007
Your reference:
Trade mark:	SWISS PLUS
Mark type:	Figurative mark
Applicant:	Narges Sadegh Zadeh Tabatabayi Porsogarden 26 SE-97754 Lulea SUECIA SWISS PLUS # 51. Komitas St. Yerevan ARMENIA Mohammad Naser Omidvar Tehrani # 30 Cristal bazaar Emam Reza St Mashhad 9136684731 IRÁN (REPÚBLICA DE)

The Office raised an objection on 16/05/2017 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is ineligible for registration for the reasons set out in the attached letter.

The applicant submitted its observations on 16/05/2017, which can be summarised as follow:

• The applicant wanted to amend the sign in order to avoid falling under the absolute grounds for registration settled in the objection communication.

Concerning the applicant’s observations, the Article 43(2) EUTMR states that “In other respects, an EU trade mark application may be amended, upon request of the applicant, only by correcting the name and address of the applicant, errors of wording or of copying, or obvious mistakes, provided that such correction does not substantially change the trade mark or extend the list of goods or services. Where the amendments affect the representation of the trade mark or the list of goods or services and are made after publication of the application, the trade mark application shall be published as amended.”

Bearing in mind that a modification of the graphic representation of the trade mark would suppose a substantial change that would not comply with the aforementioned article and neither an error nor obvious mistake was found, the applicant’s proposal must be denied.

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 16 620 007 is hereby rejected.

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.

Andrew CARTER