OFFICE FOR HARMONIZATION IN THE INTERNAL MARKET

(TRADE MARKS AND DESIGNS)


Operations Department

L123


Refusal of application for a Community trade mark

(Article 7 CTMR and Rule 11(3) CTMIR)


Alicante, 26/11/2015


Angelica Coppini

137, Spinola Roard

St, Julians STJ3011

MALTA



Application No:

014482202

Your reference:

OID344

Trade mark:

Health Leaders

Mark type:

Word mark

Applicant:

WEBCOACH INVEST LIMITED

STRON HOUSE 100 PALL MALL

LONDON London, City of SW1Y 5EA

REINO UNIDO



1. The Office raised an objection on 24/08/2015, pursuant to Article 7(1)(b) and 7(2) CTMR, because it was found that this trade mark conveys a promotional laudatory message (see the enclosed letter of 3 pages).


2. The applicant did not submit any observations in response within the time period

allowed.


3. 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.


4. Due to the reasons set out in the objection dated 24/08/2015 and pursuant to Article 7(1)(b) and 7(2) CTMR, the application for the Community Trade Mark No. 14 482 202 for the mark Health Leaders is hereby partially rejected, namely for the following services:


Class 35: Import-export agencies; the bringing together, for the benefit of others, of a variety of healthcare products, enabling customers to conveniently view and purchase those goods from a website or a mail catalogue, from a mail brochure or from a physical shop.


Class 44: Healthcare; Healthcare services; Providing health information; Providing health care information by telephone; Technical consultancy services relating to medical health; Health care services offered through a network of health care providers on a contract basis; Preparation of reports relating to health care matters.


The application is accepted for the remaining services.


Under Article 59 CTMR you have a right to appeal against this decision. Under Article

60 CTMR notice of appeal must be filed in writing at the Office within two months from the date of receipt of this notification and within four months from the same date a written statement of the grounds of appeal must be filed. The notice of appeal will be deemed to be filed only when the appeal fee of EUR 800 has been paid.




Yannick MUNCH

Avenida de Europa, 4 • E - 03008 Alicante • Spain

Tel. +34 96 513 9100 • Fax +34 96 513 1344

www.oami.europa.eu

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