Refusal of application for a European Union trade mark

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

Alicante, 28/09/2016

C.B. Robinson & Co Solicitors

Conor Robinson

Smithfield Business Centre, New Church Street, Smithfield

Dublin Dublin 7

IRLANDA

Application No:	015010606
Your reference:	BAB0020021
Trade mark:	cocablue
Mark type:	Word mark
Applicant:	BABCO EUROPE LIMITED The Forum, 29/31 Glasthule Road Glasthule, Co. Dublin IRLANDA

The Office raised an objection on 03/02/2016 pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR, because it found that the trade mark applied for is descriptive and devoid of distinctive character, for the reasons set out in the attached letter.

On 23/03/2016, the applicant submitted its observations and requested the opportunity to file further submissions and a reduced specification of goods.

On 17/06/2016, the Office informed the applicant that the objection is maintained and a period of two months is granted for the applicant to submit a reduced specification of goods, for the reasons set out in the attached letter.

The applicant failed to submit a limitation of the list of goods within the time limit. For the reasons set out in the letters of objection, and pursuant to Article 7(1) EUTMR, the application for European Union trade mark No 015 010 606 is hereby rejected for all the goods 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.

Volker Timo MENSING