Refusal of application for a Community trade mark

(Article 7 CTMR and Rule 11(3) CTMIR)

Alicante, 21/12/2015

ZIVKO MIJATOVIC & PARTNERS

Avenida Fotógrafo Francisco Cano 91A

E-03540 Alicante

ESPAÑA

Application No:	014304612
Your reference:
Trade mark:	CARRIER FREEDOM
Mark type:	Word mark
Applicant:	T-Mobile USA, Inc. 12920 SE 38th Street Bellevue, Washington 98006 ESTADOS UNIDOS (DE AMÉRICA)

On 20/08/2015, the Office raised an objection to the registration of the term ‘CARRIER FREEDOM’ as a Community trade mark, pursuant to Article 7(1)(b) (c) and 7(2) CTMR (see Annex One – 5 pages).

Applicant’s submissions

The applicant, to date, has not responded to the Office’s objection.

Reasons

Pursuant to Article 75 CTMR, it is up to the Office to take a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments.

The applicant has not responded to the Office’s objection to the registration of the sign.

In the absence of any response from the applicant, and for the reasons outlined in the Office’s letter to the applicant dated 20/08/2015, the application for Community trade mark No 014304612 is hereby rejected in its entirety, pursuant to Article 7(1)(b) (c) and 7(2) CTMR.

According to Article 59 CTMR, you have a right to appeal this decision. According to Article 60 CTMR, 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 800 has been paid.

Mark KENNEDY