Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 15/03/2018

Hans-Jörg Hummer

Beckmanngasse 76/25

A-1150 Wien

AUSTRIA

Application No:	017450123
Your reference:
Trade mark:	biobalkan
Mark type:	Word mark
Applicant:	Hans-Jörg Hummer Beckmanngasse 76/25 A-1150 Wien AUSTRIA

1. The Office raised an objection on 24/11/2017, 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 21/11/2017, and pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 17 450 123 is hereby rejected for the following goods:

Class 29: Dairy products and dairy substitutes.

The application may proceed for the remaining goods.

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