Refusal of application for a European Union trade mark

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

Alicante, 21/04/2017

MARKS & CLERK LLP

Alpha Tower

Suffolk Street

Queensway

Birmingham B1 1TT

REINO UNIDO

Application No:	015325509
Your reference:	JAF/TB150533EMA
Trade mark:
Mark type:	Other
Applicant:	NetJets Inc. 4111 Bridgeway Avenue Columbus, Ohio 43219 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 07/07/2016 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is lacking distinctive character, for the reasons set out in the attached letter.

The applicant submitted its observations after an extended time limit. The Office issued another letter on 07/02/2017 responding to these observations and giving additional time limit for the applicant to submit evidence related to acquired distinctiveness in accordance with the Article 7(3) EUTMR.

The applicant failed to submit any evidence within the given time limit.

For the reasons set out in the letter of objection, and pursuant to Article 7(1) EUTMR, the application for European Union trade mark No 15 325 509 is hereby rejected for all the services 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.

Gordana TRIPKOVIC