OPERATIONS DEPARTMENT



L123


Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]



Alicante, 03/09/2018


gedye&sons

Kents Bank Road

Grange over Sands LA11 7HD

REINO UNIDO


Application No:

016194003

Your reference:

Trade mark:

swissPiranha

Mark type:

Figurative mark

Applicant:

gedye&sons

Kents Bank Road

Grange over Sands LA11 7HD

REINO UNIDO



The Office raised an objection on 10/01/2017 and on 08/11/2017 pursuant to Article 7(1)(h) EUTMR because it found that the trade mark applied for is not eligible for registration, for the reasons set out in the attached letter, which forms an integral part of this decision.


One of the applicants, Mr. Beat Wietlisbach submitted observations. However, these observations cannot be taken into account since Mr. Beat Wietlisbach was not properly represented since his the domicile or place of business is outside the EEA.


For the sake of completeness the applicant did also not any substantial observations.


For the reasons set out in the letter of objection, and pursuant to Article 7(1)(h) EUTMR, the application for European Union trade mark No 16194003 is hereby rejected for all the goods and services claimed.



According to Article 67 EUTMR, you have a right to appeal against this decision. According to Article 68 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.




Martin EBERL

Avenida de Europa, 4 • E - 03008 • Alicante, Spain

Tel. +34 965139100 • www.euipo.europa.eu

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