bRefusal of application for a European Union trade mark

(Article 7 EUTMR and Rule 11(3) EUTMIR)

Alicante, 29/03/2016

BIRD & BIRD LLP

15 Fetter Lane

London EC4A 1JP

REINO UNIDO

Application No:	014187322
Your reference:
Trade mark:	YOU CAN DO IT...
Mark type:	Word mark
Applicant:	B & Q PLC B & Q House Chestnut Avenue Eastleigh, Hampshire SO53 3LE REINO UNIDO

The Office raised an objection on 23/02/2015 pursuant to Article 7(1)(b) and 7(2) CTMR because it found that the trade mark applied for is devoid of any distinctive character for the reasons set out in the attached letter.

The applicant, after an agreed extension, submitted its observations on 23/06/2015 requesting further time to submit evidence for the acquired distinctiveness of the sign if the objection was maintained.

After giving due consideration to the applicant’s arguments, the Office decided to maintain the objection on 24/11/2015 and gave the applicant a two month time limit in order to file evidence of acquired distinctiveness.

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) EUTMR, the application for European Union trade mark No 14 187 322 is hereby rejected for all the services claimed.

According to Article 59 EUTMR, you have a right to appeal this decision. According to Article 60(1) EUTMR, notice of appeal must be filed in writing with the Office within two months of the date of notification of this decision. 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.

Aliki SPANDAGOU