Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 19/12/2017

Acapo AS

Strandgaten 198

N-5004 Bergen

NORUEGA

Application No:	17 065 509
Your reference:	TM43486EU00
Trade mark:
Mark type:	Figurative mark
Applicant:	Invent Sport AS Ulvenvegen 344 N-5217 Hagavik NORUEGA

The Office raised a partial objection on 09/08/2017 pursuant to Article 7(1) (b) and (c) 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 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) and Article 7(2) EUTMR, the application for European Union trade mark No  17 065 509 is hereby rejected for the following services:

Class 35 Sales of gymnastic and sporting articles, sports equipment, bicycles,

leisure boats, equipment for hunting, fishing, outdoors and camping,

clothes for training, clothing, footwear, headgear, games and playthings, bags, purses, backpacks, travel bags, household and kitchen utensils and containers, glassware, porcelain and pottery, thermo bottles, food boxes, drink bottles, picnic baskets with cutlery and dishes, ropes, strings, nets, tents and tarpaulins, sails, sacks; rental of gymnastic and sporting articles, sports equipment, bicycles, leisure boats, equipment for haunting, fishing, outdoors and camping, clothes for training.

The application may proceed for the remaining services, namely:

Class 35 Advertising; business management; office functions; business assistance relating to franchising.

Class 36 Real estate affairs; rental of real estate; rental of shopping premises;

financial services; financial sponsorship.

Class 41 Education; providing of training; entertainment; sporting and cultural

activities.

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.

Finn PEDERSEN