Refusal of application for a Community trade mark

(Article 7 CTMR and Rule 11(3) CTMIR)

Alicante, 18/03/2016

OMEGA PHARMA INNOVATION & DEVELOPMENT NV

Ruth Vermeire

Venecoweg 26

B-9810 Nazareth

BÉLGICA

Application No:	014966808
Your reference:	TM-REG-13891-EM_SC
Trade mark:	HAPPY BELLY
Mark type:	Word mark
Applicant:	OMEGA PHARMA INNOVATION & DEVELOPMENT NV Venecoweg 26 B-9810 Nazareth BÉLGICA

The Office raised an objection on 08/01/2016 pursuant to Article 7(1) CTMR because it found that the trade mark applied for is merely a promotional laudatory message, 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) CTMR, the application for Community trade mark No 014966808 is hereby rejected for all the goods claimed.

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.

Kaat SCHEERLINCK