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, 05/01/2016


BAKER & MCKENZIE LLP

100 New Bridge Street

London EC4V 6JA

REINO UNIDO


Application No:

014508303

Your reference:

TMU/RW2/4612722

Trade mark:

ACTIVE CALCIUM

Mark type:

Word mark

Applicant:

CHURCH & DWIGHT CO., INC.

500 Charles Ewing Boulevard

Ewing, New Jersey 08628

ESTADOS UNIDOS (DE AMÉRICA)



With the notification dated 10/09/2015 (attached) the applicant was informed, by e-comm, that the sign applied for can not be partially registered under Article 7(1)(b), (c) and 7(2) CTMR.


With the above notice the applicant was given opportunity to submit observations in reply. 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 Office has not received any observations within the specified time limit.


The application is rejected for all the goods in class 3 for the reasons as stated in the above notice pursuant to Article 7(1)(b), (c) and 7(2) CTMR.


According to Article 59 CTMR, you have a right to appeal against this decision. According to Article 60 CTMR, notice of appeal must be filed in writing at 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.




Wolfgang SCHRAMEK


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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