Refusal of application for a European Union trade mark

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

Alicante, 01/02/2017

BRAND PROTECT LIMITED

Suite B, 2nd Floor, Rowood House, Murdock Road

Bicester Oxfordshire OX26 4PP

REINO UNIDO

Application No:	014399612
Your reference:	BAI-001.019
Trade mark:	Active Leadership Managed Competence Supportive Capability Proactive Culture Robust Assurance Continuous Improvement Performance Management Development Assessment Framework Competence
Mark type:	Figurative mark
Applicant:	Baines Simmons Limited Aviation Safety Centre, Building A5, Fairoaks Airport Chobham, Surrey GU24 8HX REINO UNIDO

The Office raised an objection on 31/08/2015 pursuant to Article 7(1)(b) and Article 7(2) EUTMR 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 application was later suspended in waiting for the appealed decision in the co-pending EUTM application 14391833 (appeal R 490/2016-4) to be finalised.

Said decision, R 490/2016-4 of the Fourth board of Appeal of 25 August 2016, was issued and the EUTM 14391833 was finally refused on 03/01/2017.

Since no observations has been submitted by the applicant in the case at hand, for the reasons set out in the letter of objection and pursuant to Article 7(1)(b) and Article 7(2) EUTMR, the application for European Union trade mark No 014399612 is hereby rejected for all the goods and services claimed.

According to Article 59 EUTMR, you have a right to appeal against this decision. According to Article 60 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.

Cecilia ALIN