Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 17/07/2019

Adam Wielgosz

ul. 3 Maja 49c/6

61-728 Poznań

POLONIA

Application No:	018018704
Your reference:
Trade mark:	AETERNA
Mark type:	Figurative mark
Applicant:	Code Production Spółka z ograniczoną odpowiedzialnością Spółka komandytowa 3 Maja 49c/6 61-728 Poznań POLONIA

The Office raised an objection on 25/03/2019 pursuant to Article 7(1)(i) 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 sign in question contains an element that consists of an imitation from a heraldic point of view of the Red Cross symbol, which is protected by the Geneva Conventions and their additional protocols and is considered of particular public interest.

It is considered that the mark for which you seek protection would suggest to the public that a connection exists between the sign in question and the organisation concerned in the sense that the goods and services originate from, or are endorsed by, the relevant organisation (10/07/2013, T-3/12, Member of €e euro experts, EU:T:2013:364, § 78).

The applicant failed to submit observations within the time limit. The applicant did not submit an authorisation to register the trade mark from the competent authority neither. For the reasons set out in the letter of objection, and pursuant to Article 7(1)(i) EUTMR, the application for European Union trade mark No 18 018 704 is hereby rejected

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.

Anna BAKALARZ