Refusal of application for a European Union trade mark

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

Alicante, 22/04/2016

HERRERO & ASOCIADOS

Alcalá, 35

E-28014 Madrid

SPAIN

Application No:	14 242 614
Your reference:	HA1147/2015
Trade mark:	OPENING CEREMONY
Mark type:	Word mark
Applicant:	Opening Ceremony IP LLC 202 Centre Street, 8th Floor New York New York NY 10013 UNITED STATES OF AMERICA

The Office raised an objection on 15/12/2015 pursuant to Article 7(1)(g) EUTMR and Article 7(2) EUTMR because it found that the trade mark applied for is deceptive, for the reasons set out in the attached letter.

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)(g) and Article 7(2) EUTMR, the application for European Union trade mark No 14 242 614 is hereby rejected for the following goods and services:

Class 16 Books, magazines, booklets, and newsletters in the field of fashion, nightlife, food, drink, travel, culture, politics, lifestyle, LGBT issues, charity, beauty, music, home, family, children, technology, films, movies, TV, pop culture, celebrities, health, art, leisure, sports, community and general interest, printed invitations, greeting cards, photographs; none of them related to ceremonies.

Class 41 Video and movie production services; Providing on-line e-zines in the fields of fashion, nightlife, food, drink, travel, culture, politics, lifestyle, LGBT issues, charity, beauty, music, home, family, children, technology, films, movies, TV, pop culture, celebrities, health, art, leisure, sports, community and general interest; Entertainment services, namely, providing continuing programs and segments featuring news and commentary in the fields of fashion, nightlife, food, drink, travel, culture, politics, lifestyle, LGBT issues, charity, beauty, music, home, family, children, technology, films, movies, TV, pop culture, celebrities, health, art, leisure, sports, community and general interest; Providing a website featuring informational, non-downloadable audio, video, photographic and prose presentations in the fields of entertainment information in the fields of celebrity gossip, film and movies, sports, and pop culture, community sporting and cultural events, information about nightclub entertainment events and other nightlife social entertainment events, and current events news in the field of general interest; none of aforementioned services in the field of ceremonies or related to ceremonies.

The application is accepted for the remaining goods, namely:

Class 16 Stationery; artists' materials, namely, brushes, pens, and pencils; arts and craft paint kits; address books; agendas; day planners; blank journals; notebooks; photo albums; calendars; file folders; stickers and decals.

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.

Mustafa IMAMOGLU