Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 31/01/2018

ROSCHIER BRANDS, ATTORNEYS LTD.

Keskuskatu 7 A

FI-00100 Helsinki

FINLANDIA

Application No:	017115403
Your reference:	TM9994EU00
Trade mark:	WORLD'S #1 AXE BRAND
Mark type:	Word mark
Applicant:	Fiskars Brands, Inc. 7800 Discovery Drive Middleton, Wisconsin 53562 ESTADOS UNIDOS (DE AMÉRICA)

1. Summary of the facts

The Office raised an objection on 05/09/2017 pursuant to Article 7(1)(b) and (c) and 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.

2. Extension of the time limit

On 02/11/2017, the applicant requested an extension to the time limit for submitting its observations. On the same day, the Office confirmed the extension of two months and invited the applicant to submit its reply by no later than 10/01/2018.

3. Decision

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), (c) and Article 7(2) EUTMR, the application for European Union trade mark No 17 115 403 is hereby rejected for the following goods:

Class 8 Hand tools namely, axes, hatchets.

The application may proceed for the remaining goods.

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.

Tuula RAJALA

ATTACHMENT Notice of grounds for refusal of application for a European Union trade mark (Article 7 EUTMR and Rule 11(1) EUTMIR)

05/09/2017, 3 pages