Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 26/10/2018

METIDA LAW FIRM ZABOLIENE AND PARTNERS

Business center VERTAS Gynéjų str. 16

LT-01109 Vilnius

LITUANIA

Application No:	017938801
Your reference:	APCN
Trade mark:
Mark type:	Figurative mark
Applicant:	Guangzhoushi Changwang Dianzishangwu Youxiangongsi 207 ercengshangchang fududasha, 11-13hao jiejinzhonglu shiqiaojie, panyuqu, Guangzhou REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 20/08/2018 pursuant to Article 7(1)(b) and (c) EUTMR 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 maintains that the relevant consumers would perceive the sign applied for as providing information that the goods are made of silver of a professional quality or standard. Therefore, the relevant consumer, notwithstanding certain figurative elements consisting of a specific typeface, would perceive the sign as providing information about the material/constituent and quality of the goods in question.

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) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 017938801 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.

Cecilia ALIN