Refusal of application for a European Union trade mark

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

Alicante, 20/07/2016

MEWBURN ELLIS LLP

City Tower

40 Basinghall Street

London

EC2V 5DE

UNITED KINGDOM

Application No:	15 063 621
Your reference:	RSG/MT7182983
Trade mark:
Mark type:	Figurative mark
Applicant:	Tribal Gathering Limited 260-8 Chapel Street Salford M3 5JZ UNITED KINGDOM

The Office raised an objection on 24/02/2016, pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is partially not eligible for registration, for the reasons set out in the attached letter.

The applicant failed to submit its observations in reply within the extended time limit which expired on 25/06/2016. For the reasons set out in the letter of objection, and pursuant to Article 7(1) EUTMR, the application for a European Union trade mark No 15 063 621 is hereby refused for the following goods and services:

Class 9 Sound recordings; video recordings; tapes, audio and video cassettes, compact discs, records, discs; digital music [downloadable] from the Internet; video recordings [downloadable] from the Internet; all the aforesaid goods relating to music, entertainment and lifestyle; mp3 players; compact disc players; parts and fittings included in Class 9 for all the aforesaid goods.

Class 41 Entertainment and leisure services; nightclub and discotheque services; dance club services; providing facilities for nightclubs and discotheques; publishing services; distribution of films and video tapes; production of films and video tapes; production of radio and television programmes; recording studio services; organisation of events; amusement arcade services; musical performances; agency services for performing artists; cabaret services; club entertainment services; organisation of dancing competitions; organisation and conducting of competitions; concert services; fashion show services; management services for performing artists; digital music [not downloadable] provided from the Internet; video recordings [not downloadable] provided from the Internet; organisation of music festivals.

The application is accepted for the remaining goods and services for which registration is sought.

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.

Mirjana PUSKARIC