Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 07/03/2018

LOESENBECK · SPECHT · DANTZ

Am Zwinger 2

D-33602 Bielefeld

ALEMANIA

Application No:	17 568 122
Your reference:	17991EU9
Trade mark:	DNAglue
Mark type:	Word mark
Applicant:	Toolgen Incorporated 1204-1206,2019 Gasan digital 1-ro, Geumcheon-gu Seoul 08501 REPÚBLICA DE COREA (LA)

The Office raised an objection on 18/12/2017 pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR because it found that the trade mark applied for describes certain characteristics of the goods for which protection is sought, and is also 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) and (c) and Article 7(2) EUTMR, the application for European Union trade mark No 17 568 122 is hereby rejected for all the goods applied for, namely:

Class 1 Chemicals used in industry and science; preparations for gene recombination for scientific or laboratory purposes; chemicals for gene recombination for scientific or laboratory purposes; chemical reagents for use in genetic research; chemical reagents for genetic identity testing; protein for industrial use; proteins for use in manufacture; chemicals for use in biotechnological product development; biotechnology reagents; biochemical preparations for scientific purposes; chemical preparations for analyses in laboratories (other than for medical purposes); enzyme substrates for scientific purposes; diagnostic preparations other than for medical or veterinary purposes; genes of seeds for agricultural production; synthetic gene for research other than for medical purposes; biological preparations (other than for medical or veterinary purposes); microorganisms other than for medical and veterinary use; stem cells for research or scientific purposes; plant growth regulating preparations; preparations of trace elements for plants; plant growth rearing preparations; soil conditioning preparations; test paper, chemical.

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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