Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 09/01/2018

Oberer Schrannenplatz 8 Lindau (Bodensee) 88131

ALEMANIA

Application No:	016692915
Your reference:
Trade mark:	Hygger
Mark type:	Word mark
Applicant:	SportsPartners Oberer Schrannenplatz 8 D-88131 Lindau (Bodensee) ALEMANIA

The Office raised an objection on 15/05/2017 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 any distinctive character, for the reasons set out in the attached letter.

The applicant submitted its observations on 21/06/2017, to which the Office replied on 19/09/2017 maintaining its initial objection and providing the applicant with additional two-month period to overcome the objection by demonstrating the mark’s acquired distinctiveness through the use (letter attached).

In its reply of 19/09/2017, the applicant has not provided any evidence of acquired distinctiveness and only submitted further arguments, all of which were duly contested in the Office’s letter of 19/09/2017. For the reasons set out in the letters 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 16 692 915 is hereby rejected for all the goods claimed.

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.

Robert KLECUN