Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 26/06/2018

ARQIS RECHTSANWÄLTE PARTNERSCHAFTSGESELLSCHAFT

Prinzregentenplatz 7

D-81675 München

ALEMANIA

Application No:	017797911
Your reference:	MA180204-M-8263-S3
Trade mark:
Mark type:	Motion
Applicant:	NIO Nextev Limited RM 502, Bank of America Tower, 12 Harcourt Road Central, Hongkong REGIÓN ADMINISTRATIVA ESPECIAL DE HONG KONG DE LA REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 08/03/2018 pursuant to Article 7(1)(b) 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 trade mark was found not eligible for registration because it is devoid of any distinctive character in relation to the goods for which protection is sought.

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 17 797 911  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.

Tobias KLEE