Refusal of application for a European Union trade mark

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

Alicante, 04/07/2017

PURDYLUCEY INTELLECTUAL PROPERTY

6-7 Harcourt Terrace

Dublin 2

IRLANDA

Application No:	015306608
Your reference:	TM11998EU00
Trade mark:	WILD IRISH GAME LIMITED
Mark type:	Figurative mark
Applicant:	Pat DOYLE C/O Alexandra Bridge Clane Kildare IRLANDA

The Office raised an objection on 01/09/2016 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is not eligible for registration under Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, for the reasons set out in the attached letter.

The applicant submitted observations and requested an opportunity to present evidence of acquired distinctiveness on 01/11/2016. On 15/02/2017, the Office responded to the applicant’s observations and granted the applicant two months within which to provide evidence of acquired distinctiveness. The applicant failed to submit evidence 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 015306608 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.

Herbert JOHNSTON