Refusal of application for a European Union trade mark

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

Alicante, 15/05/2017

Ari-Pekka Oliver Halviala

Mechelininkatu 19 B 64 c/o Hopeasavi

FI-00100 HELSINKI

FINLANDIA

Application No:	016157802
Your reference:
Trade mark:	Body Fine-Tuning
Mark type:	Word mark
Applicant:	Ari-Pekka Oliver Halviala Mechelininkatu 19 B 64 c/o Hopeasavi FI-00100 HELSINKI FINLANDIA

On 04/01/2017, the Office raised an objection on pursuant to Article 7(1) (b) (c) and Article 7(2) EUTMR because it found that the trade mark applied for was in part not eligible for registration, for the reasons set out in the attached letter.

The applicant failed to submit observations within the time limit. The applicant sent merely a communication dated 03/03/2017, asking for the possibility to add either “BFT” or a figurative element in front of/to the sign in order to overcome the objection.

In this respect, the Offices wishes to refer to the fact that in line with Article 43 (2) EUTMR, amendments of the European Union trade mark application can be granted only if it is evident from the file that the amendment serves to correct an error of wording or of copying or an obvious mistake. Moreover the amendment sought by the applicant would substantially changes the trade mark and such a request would not be granted.

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 is hereby rejected for the following goods and services:

EN-28 Gymnastic and sporting articles; Gymnastic articles not included in other

classes.

EN-41 Education in movement awareness; Arranging and conducting of tutorials;

Arranging and conducting of workshops [training]; Health and wellness training.

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.

Robert MULAC