Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 21/05/2019

FIELDFISHER LLP

IP Protection Department

8th Floor

Riverbank House

2 Swan Lane

London EC4R 3TT

REINO UNIDO

Application No:	017954206
Your reference:	UK01-041139.00267
Trade mark:	NEUROGENE
Mark type:	Word mark
Applicant:	Neurogene Inc. 551 W 21st St, 10A New York New York 10011 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 11/10/2018 /2018 pursuant to Article 7(1)(b) 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 applicant submitted observations on 10/12/2018 to which the Office responded on 14/03/2019 (see attached letter). The objection was maintained and the applicant was given two months to file further observations.

The Office maintains that the sign NEUROGENE merely would be perceived by the Italian-speaking consumer as providing information about pharmaceuticals for diseases arising in the nervous system and research related services that apply to the neurogenic field of medicine.

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 and Article 7(2) EUTMR, the application for European Union trade mark No 017954206 is hereby rejected for all the goods and services claimed, namely for:

Class 05 Pharmaceuticals and medical preparations; medicines; medicine for human purposes; pharmaceutical preparations for treating peripheral nervous system disorders; pharmaceutical preparations for the prevention of disorders of the nervous system; pharmaceutical preparations for the treatment of central nervous system [CNS] diseases.

Class 42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; research and development in the pharmaceutical and biotechnology fields; research relating to medicine; structural and functional analysis of genomes; consultancy relating to research and development in the field of therapeutics; providing scientific information in the field of medical disorders and their treatment.

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