Refusal of application for a European Union trade mark

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

Alicante, 11/04/2017

POTTHAST & SPENGLER, PATENTANWÄLTE PARTNERSCHAFTSGESELLSCHAFT MBB

Am Olligsmaar 18

D-52399 Merzenich

ALEMANIA

Application No:	015756001
Your reference:	EUMA-60287
Trade mark:	360 Safe
Mark type:	Figurative mark
Applicant:	DREAM FOREST TECH LIMITED OMC Chambers, Wickhams Cay 1 Road Town, Tortola ISLAS VÍRGENES DE GRAN BRETAÑA

The Office raised an objection on 08/11/2016 pursuant to Article 7(1)(b) and (c) 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 19/12/2016, the applicant requested an extension of the time limit to send observations in reply. The request was granted however the applicant did not submit observations within the new time limit that ended on 13/03/2017.

Therefore, for the reasons set out in the letter of objection, and pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 15 756 001 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.

Elna ISAKSSON