Refusal of application for a European Union trade mark

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

Alicante, 09/02/2017

TRATE

Jonavos 254

LT-44132 Kaunas

LITUANIA

Seestrasse 58

CH-8806 Bäch

SUIZA

Application No:	016009904
Your reference:
Trade mark:	Rootform
Mark type:	Word mark
Applicant:	TRATE Seestrasse 58 CH-8806 Bäch SUIZA TRATE Jonavos 254 LT-44132 Kaunas LITUANIA

The Office raised an objection on 22/11/2016 pursuant to Article 7(1)(b) and (c), and 7(2) EUTMR because it found that the trade mark applied for is descriptive and devoid of any distinctive character, 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), (c) and 7(2) EUTMR, the application for the European Union Trademark application No. 016 009 904 ROOTFORM 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.

Lizzeth GONZALEZ JIMENEZ