Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 29/01/2018

BURMATEX LIMITED

Victoria Mills, The Green

Ossett, West Yorkshire WF5 0AN

REINO UNIDO

Application No:	017390907
Your reference:
Trade mark:	Dapple
Mark type:	Word mark
Applicant:	BURMATEX LIMITED Victoria Mills, The Green Ossett, West Yorkshire WF5 0AN REINO UNIDO

The Office raised an objection on 03/11/2017 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) EUTMR, the application for European Union trade mark No 017390907 is hereby rejected for the following goods:

Class 27 Wall and ceiling coverings; Carpets, rugs and mats; Carpets; Decorative slip-resistant floor coverings in sheet form; Linoleum; Linoleum for use on floors; Paper bath mats; Paper floor mats; Tiles made of linoleum; Tiles made of linoleum for fixing to existing floors; Carpeting; Carpet runners; Tiles (Carpet -); Carpet tiles; Vehicle carpets; Automobile carpets; Moquettes [carpets]; Carpets [textile]; Bathroom tiles [carpet]; Carpets for automobiles; Carpeting for vehicles; Vehicles mats and carpets; Vehicle mats and carpets; Hand made woollen carpets; Carpet tiles made of textiles; Floor tiles made of carpet.

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.

Selin GÜNEL