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OPERATIONS DEPARTMENT |
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L123 |
Refusal of application for a European Union trade mark
(Article 7 and Article 42(2) EUTMR)]
Alicante, 13/02/2018
Scrutinizer GmbH
Kuhbergstr. 37
D-34131 Kassel
ALEMANIA
Application No: |
017391616 |
Your reference: |
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Trade mark: |
SCRUTINIZER |
Mark type: |
Word mark |
Applicant: |
Scrutinizer GmbH Kuhbergstr. 37 D-34131 Kassel ALEMANIA |
1. The Office raised an objection on 10/11/2017 pursuant to Article 7(1)(b) and (c) EUTMR 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.
2. Pursuant to Article 75 EUTMR, it is up to the Office to take a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments.
The applicant did not submit any observations within the set time limit.
3. Therefore, and for the reasons set out in the letter of 10/11/2017, and pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 17 391 616 is hereby rejected for all the goods and services claimed.
According to Article 59 EUTMR, you have a right to appeal against this decision. According to Article 60 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.
Anne-Lee KRISTENSEN
Avenida de Europa, 4 • E - 03008 • Alicante, Spain
Tel. +34 965139100 • www.euipo.europa.eu