Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 29/06/2018

Axis IP Services Ltd

Peter House Oxford Street

Manchester Manchester M1 5AN

REINO UNIDO

Application No:	017773722
Your reference:	AX/1611/FEN
Trade mark:	FENNEL WATER
Mark type:	Word mark
Applicant:	ROSEMARY WATER LIMITED PENTHOUSE B 316-318 KINGS ROAD LONDON SW3 5UH REINO UNIDO

The Office raised an objection on 21/02/2018 pursuant to Article 7(1)(b) and (c) and Article 7(2)EUTMR, because it found that the trade mark applied for is not eligible for registration, for the reasons set out in the attached letter, which forms an integral part of this decision.

The Office found that the relevant consumers would perceive the sign as providing information that goods are, inter alia, mineral water infused with fennel or flavoured carbonated beverages containing water and fennel as ingredients. Therefore, the sign describes the kind and the ingredients of the goods in question.

The applicant requested and was granted a two month extension of its time limit in order to reply to the Office´s objections but failed to submit observations within the extended 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 17 773 722 is hereby rejected for all the goods claimed.

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.

Aliki SPANDAGOU