Refusal of application for a European Union trade mark

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

Alicante, 22/11/2016

BARDEHLE PAGENBERG

10, boulevard Haussmann

F-75009 Paris

FRANCE

Application No:	15 768 311
Your reference:	RKD/TM5047EU00/42896
Trade mark:	SIMPLY BRILLIANT
Mark type:	Word mark
Applicant:	N2 Global Solutions, Inc. 160 East 89th Street, PMB-4C NEW YORK NY 10128 UNITED STATES OF AMERICA

1. Summary of the facts

The Office raised an objection on 12/09/2016, pursuant to Article 7(1) (b) and 7(2) EUTMR, because it found that the trade mark applied for is devoid of any distinctive character for all the goods for which registration is sought, for the reasons set out in the attached letter. The applicant failed to submit observations within the time limit.

2. Decision

For the reasons set out in the letter of objection, and pursuant to Article 7(1)(b) and 7(2) EUTMR, the application for European Union trade mark No 15 768 311 is hereby refused for all the goods for which registration is sought.

3. Right to appeal

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