Refusal of application for a European Union trade mark

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

Alicante, 13/06/2017

BARKER BRETTELL LLP

Tracy Arch

100 Hagley Road, Edgbaston

Birmingham B16 8QQ

REINO UNIDO

Application No:	016011702
Your reference:	TAA86510T.EM
Trade mark:	Fun
Mark type:	Figurative mark
Applicant:	L'atelier Brands Inc. 27 Hospital Road George Town, Grand Cayman 1-9008 LAS ISLAS CAIMÁN

The Office raised a partial objection on 26/12/2016 pursuant to Article 7(1)(b) and (c) EUTMR and Article 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 finally failed to submit observations within the time limit.

For the reasons set out in the letter of objection, and pursuant to Article 7(1) EUTMR, the application for European Union trade mark No 16011702 is hereby rejected, in part, for the following goods:

Class 28: Games; playthings; decorations for christmas trees; play balloons; balls for games; christmas trees of synthetic material; dolls; kites; novelties for parties, dances [party favors, favours]; swings; cosaques [toy fireworks]; playing cards; toy masks; gloves for games; party games; paper party hats; festive decorations and artificial christmas trees; christmas tree decorations [other than edible or for illumination]; piñatas; soap bubbles [toys]; bubble making wand and solution sets.

The application will be accepted for the remaining goods and services.

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.

Magali VOISIN