Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 07/03/2018

Jorgen H. Selchau

Filosofgangen 7

DK-5000 Odense C

DINAMARCA

Application No:	17 566 209
Your reference:	ThoBox_2017
Trade mark:
Mark type:	Threedimensional
Applicant:	Gartneriet Thoruplund A/S Tvingvej 43 DK-5220 Odense SÖ DINAMARCA

The Office raised a partial objection on 15/12/2017 pursuant to Article 7(1)(b) EUTMR because it found that the trade mark applied for is 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)(b) EUTMR, the application for European Union trade mark No  17 566 209 is hereby rejected for the following goods:

Cñass 16 Paper and cardboard; bags and articles for packaging, wrapping and storage of paper, cardboard or plastics.

Class 31 Natural plants; agricultural and aquacultural crops, horticulture and forestry products.

The application may proceed for the remaining services, namely:

Class 44 Agriculture, aquaculture, horticulture and forestry services.

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.

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