Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 15/01/2019

NUTRISPORT LIMITED

Neil Raynor

Great George Street

Wigan Lancashire WN3 4DL

REINO UNIDO

Application No:	017958223
Your reference:
Trade mark:	NutriVegan
Mark type:	Word mark
Applicant:	NUTRISPORT LIMITED Great George Street Wiagn Lancashire WN3 4DL REINO UNIDO

The Office raised an objection on 02/10/2018 pursuant to Article 7(1)(b) & (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 mark would be seen as providing information that the goods are for the purpose of providing nutritional nourishment and are vegan in nature.

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) & (c) and Article 7(2) EUTMR, the application for European Union trade mark No 017958223 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.

Lance EGGLETON