Refusal of application for a European Union trade mark

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

Alicante, 31/01/2017

José Izquierdo Faces

Calle General Salazar, Nº 10

E-48012 Bilbao (Vizcaya)

ESPAÑA

Application No:	015875719
Your reference:	GTMZC-163404
Trade mark:	30°N
Mark type:	Word mark
Applicant:	Ningbo Beituo Model Manufacturing Co.,Ltd No. 006-1, North of Wuxiang Road, Henghe Town, Cixi Ningbo REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 04/10/2016 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is descriptive and non-distinctive according to Article 7 (1) (b) and (c) and (2) EUTMR, for the reasons set out in the attached letter.

The applicant failed to submit observations within the time limit. For the reasons set out in the letter of objection, and pursuant to Article 7(1) (b) and (c) and (2) EUTMR, the application for European Union trade mark No 015875719 - 30°N is hereby rejected for the following goods:

Class 28 Controllers for toys; Controllers for game consoles

The application may proceed for the remaining goods.

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.

Patricia MOTZER