DECISION

of the Fourth Board of Appeal

of 19 November 2019

In Case R 1411/2019-4

Welspun India Limited
Welspun House, 6th Floor, Kamala City Senapati Bapat Marg, Lower Parel (W) Mumbai Maharashtra 400013 India	Applicant / Appellant

represented by Finnegan Europe LLP, 1 London Bridge, London SE1 9BG, United Kingdom

APPEAL relating to European Union trade mark application No 17 981 116

The Fourth Board of Appeal

composed of D. Schennen (Chairman), L. Marijnissen (Rapporteur) and R. Ocquet (Member)

Registrar: H. Dijkema

gives the following

Decision

Summary of the facts

1. By an application filed on 6 November 2018, Welspun India Limited (‘the applicant’) sought to register the word mark

NANOSPUN

as a European Union trade mark for the following list of goods:

Class 24 - Bed blankets; Bedsheets; Bed linen; Comforters; Dish cloths; Duvets; Fitted bed sheets; Flat bed sheets; Kitchen towels; Mattress covers; Pillow cases; Pillow shams; Towels; Wash cloths;

Class 27 - Area rugs; Bathroom rugs; Rugs.

2. By decision of 1 May 2019, the examiner, after examining the arguments put forward by the applicant, refused the trade mark application pursuant to Article 7(1)(b) and (c) in conjunction with Article 7(2) EUTMR in respect of all the goods applied for on the grounds that the sign was descriptive and devoid of distinctive character.

3. On 28 June 2019, the applicant filed a notice of appeal contesting this decision in its entirety.

4. On 25 September 2019, the Registry of the Boards of Appeal notified the applicant that in accordance with Article 68 EUTMR, a written statement setting out the grounds of appeal had to be filed within four months from the date of notification of the contested decision, i.e. on or before 9 September 2019, that it appeared that such written statement had not been filed and that, therefore, the appeal could be considered inadmissible. The applicant was requested to file its comments and provide any supporting evidence within one month of receipt of this notification.

5. On 7 November 2019, the Registry of the Boards of Appeal informed the applicant that no response to the abovementioned deficiency letter had been received and that the Board would decide on the admissibility of the appeal.

Reasons

6. Article 68(1) EUTMR, fourth sentence, provides that within four months of the date of notification of the contested decision, a written statement setting out the grounds of appeal must be filed. Pursuant to Article 23(1)(d) EUTMDR, the submission of the statement of grounds within the abovementioned time limit is a condition of admissibility of the appeal.

7. As no statement of the appeal grounds was filed, the appeal does not comply with Article 68(1) EUTMR and shall be rejected as inadmissible pursuant to Article 23(1)(d) EUTMDR. The refusal of trade mark application No 17 981 116 shall become final.

Order

On those grounds,

THE BOARD

hereby:

Rejects the appeal as inadmissible.

Signed D. Schennen

Signed L. Marijnissen

Signed R. Ocquet

Registrar: Signed H. Dijkema