Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 21/12/2017

ORRICK HERRINGTON & SUTCLIFFE LLP

IP/IT-Praxisgruppe

Heinrich-Heine-Allee 12

D-40213 Düsseldorf

GERMANY

Application No:	17 262 221
Your reference:
Trade mark:	IMPERIAL JEWELS OF CHINA
Mark type:	Word mark
Applicant:	Viking River Cruises (Bermuda) Ltd. Clarendon House, 2 Church Street Hamilton HM 11 BERMUDA

The Office raised an objection on 16/10/2017, pursuant to Article 7(1) (b) and (c) and Article 7(2) EUTMR, because it found that the trade mark applied for was descriptive and devoid of any distinctive character in relation to all the services for which registration is sought, for the reasons set out in the attached notice of provisional refusal.

The applicant failed to submit observations in reply within the time limit in. For the reasons set out in the notice of provisional refusal, and pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR, the application for European Union trade mark No 17 262 221 is hereby refused for all the services for which registration is sought. :

According to Article 67 EUTMR, you have a right to appeal this decision. According to Article 68 CTMR, 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