Refusal of application for a European Union trade mark

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

Alicante, 21/08/2017

Meissner Bolte Patentanwälte Rechtsanwälte Partnerschaft mbB

Beselerstr. 6

D-22607 Hamburg

GERMANY

Application No:	16 791 501
Your reference:	H/OTC-170-EU
Trade mark:	Guide Sheath
Mark type:	Word mark
Applicant:	Olympus Corporation 2951 Ishikawa-machi, Hachioji-shi Tokyo JAPAN

The Office raised an objection on 16/06/2017, pursuant to Article 7(1)(b) and (c) EUTMR, because it found that the trade mark applied for is descriptive and devoid of any distinctive character in relation to all the goods for which registration is sought, 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, the application for European Union trade mark No 16 791 501 is hereby refused for all the goods for which registration is sought.

According to Article 59 EUTMR, you have a right to appeal this decision. According to Article 60 EUTMR, notice of appeal must be filed in writing with the Office within two months of the date of notification of this decision. 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.

Mirjana PUSKARIC