Total refusal of an application for a EU trade mark under Articles 7 and 42 of the European Union Trade Mark Regulation no. 2017/1001 (EUTMR)

Alicante, 20/08/2018

ASO Europe

Bijsterhuizen 1160 E

6546 AS Nijmegen

The Netherlands

Application No	17886923
Trade mark	NasalStrips
Applicant	ASO Europe Bijsterhuizen 1160 E 6546 AS Nijmegen The Netherlands

• Procedure

The Office raised an objection on 20 April 2018, pursuant to Articles 7(1)(b) and (c) and 7(2) EUTMR, because it was found that this sign is descriptive and devoid of any distinctive character. The text of the objection is enclosed.

The applicant did not present either arguments or evidence of acquired distinctiveness through use nor did it surrender its application either before or after the set deadline of 25 June 2018.

• Decision

Pursuant to article 94 EUTMR, it is up to the Office to make a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments.

The application is therefore refused in accordance with the grounds set out in the above mentioned official communication for all goods and services, namely:

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Adhesive tapes for medical purposes; Plasters, materials for dressings; Medical dressings, coverings and applicators; Adhesive skin patches for medical use.

Because the applicant chose to refrain from filing a reply, there is no need for the Office to bring forward any new points of view or arguments or to repeat the substantiation of the old ones. Reference is only made to the arguments of the objection letter dated 20 April 2018.

• How to appeal this decision

Under Articles 66-68 of the European Union Trade Mark Regulation no. 2017/1001 you have a right to appeal against this decision. A notice of appeal must be filed in writing at the Office within two months from the date of receipt of this notification and within four months from the same date a written statement of the grounds of appeal must be filed. The notice of appeal will be deemed to be filed only when the appeal fee of EUR 720,00 has been paid.

Robert KLIJN BRINKEMA