Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 07/10/2019

Hassina Hassina

Thulevej 20

DK-5210 Odense

DINAMARCA

Application No:	018051917
Your reference:
Trade mark:	NDK Naturally Aromatic Silk Road ORIGINAL BRAND Super Basmati Sela Rice
Mark type:	Figurative mark
Applicant:	Hassina Hassina Thulevej 20 DK-5210 Odense DINAMARCA

On 24/07/2019, the Office raised a partial objection pursuant to Article 7(1) j) EUTMR because it found that the trade mark applied for was not eligible for registration.

The Office took the view that the sign for which you seek protection contains the geographical indication ‘Basmati’, which is protected for rice under Regulation (EU) No 1151/2012 of 21/11/2012., as confirmed by the following extract from the DOOR database of the European Commission:

This Office informed the applicant that this ground for refusal may be overcome by limiting the goods in Classes 30 and 31 as follows:

Class 30 Rice complying with the specifications of the protected geographical indication ‘Basmati‘; Steamed rice complying with the specifications of the protected geographical indication ‘Basmati‘.

Class 31 Unprocessed rice complying with the specifications of the protected

geographical indication ‘Basmati‘; Rice, unprocessed complying with

the specifications of the protected geographical indication ‘Basmati‘.

The applicant failed to submit substantial observations within the set time limit. For the reasons set out above, which are further explained in the letter of objection, which is attached and forms an integral part of this decision, and pursuant to Article 7(1)EUTMR, the application for European Union trade mark No 018 051 917 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.

Robert MULAC