Total refusal of an application for a EU trade mark under Articles 7 and 37 of the European Union Trade Mark Regulation (EUTMR) no. 207/2009, the Amending Regulation no. 2015/2424 and Rule 11(3) of the Implementing Regulation (IR) no. 2868/1995

Alicante, 14/03/2017

Alex Goldberg, Esq.

Terrasses de Cuce, 3eme Etage, B32

21b Rue D’hallouvry

35135 Chantepie

France

Application No	16006819
Trade mark	MEDIFIT
Applicant	Alex Goldberg Terrasses de Cuce 3eme Etage, B32 21b Rue D’hallouvry 35135 Chantepie France

• Procedure

The Office raised an objection on 23 November 2016, pursuant to Articles 7(1)(b) and (c) and 7(2) EUTMR, because it was found that this sign is descriptive and devoid of any distinctive character. The text of the objection is enclosed.

The applicant did not present either arguments or evidence of acquired distinctiveness through use nor did it surrender its application either before or after the set deadline of 23 January 2017.

• Decision

Pursuant to article 75 EUTMR, it is up to the Office to take a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments.

The application is therefore refused in accordance with the grounds set out in the above mentioned official communication for all goods, namely:

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Exercise pulleys; Exercisers [expanders]; Chest expanders [exercisers]; Body toner apparatus [exercise]; Body training apparatus [exercise]; Body-building apparatus [exercise]; Stress relief exercise balls; Stress relief balls for hand exercise; Gym balls; Gym balls for yoga.

Because the applicant chose to refrain from filing a reply, there is no need for the Office to bring forward any new points of view or arguments or to repeat the substantiation of the old ones. Reference is only made to the said letter of 27 November 2016.

• How to appeal this decision

Under Article 59 of the European Union Trade Mark Regulation no. 207/2009 (2015/2424) you have a right to appeal against this decision. Under Article 60 of the Regulation notice of appeal must be filed in writing at the Office within two months from the date of receipt of this notification and within four months from the same date a written statement of the grounds of appeal must be filed. The notice of appeal will be deemed to be filed only when the appeal fee of EUR 720,00 has been paid.

Robert KLIJN BRINKEMA