Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 03/11/2017

IP LAB

20-22 Wedlock Road

London London, City of N1 7GU

REINO UNIDO

Application No:	016934119
Your reference:	tm/ctm/nutri
Trade mark:	NUTRICIOUS
Mark type:	Word mark
Applicant:	Healthspan Limited P.O. Box 425 Healthspan House The Grange St. Peter Port GY1 3WU GUERNSEY

The Office raised an objection on 01/08/2017 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is partially not eligible for registration 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) EUTMR, the application for European Union trade mark No 016934119 is hereby rejected for the following goods:

Class 5 Pharmaceutical preparations; dietary supplements; Dietetic food preparations adapted for medical use; nutritional supplements; vitamin and mineral preparations; food supplements; health food supplements made principally of vitamins; vitamin supplements for foodstuffs for human consumption; vitamin tablets; vitamin supplements; Medicated confectionery.

Class 30 Cereal bars and energy bars; Wheat-based snack foods; Rice-based snack food; Confectionary products.

The application may proceed for the remaining goods:

Class 5 Sanitary preparations.

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.

Anna MAKOWSKA

Attachment:

Notice of absolute grounds for refusal