Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 18/06/2020

BRIFFA

GRAND CENTRAL

157 ARCHBISHOP STREET

VALLETTA VLT 1440

MALTA

Application No:	018210111
Your reference:	AT/16227/-576-00002
Trade mark:	(RE)ZIP
Mark type:	Word mark
Applicant:	Blue Avocado, Inc. P.O. Box 1691 Austin 78767 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 20/03/2020 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.

In the present case, the relevant consumers would perceive the sign as providing information that the goods claimed are the zipper bags or bags having a zipper that can be resealed at least one and/or multiple times. Therefore, the sign describes the kind and/or intended purpose of the goods in question.

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 18 210 111 is hereby rejected for all the services 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.

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