Refusal of application for a European Union trade mark

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

Alicante, 14/07/2017

Patentanwälte

BEETZ & PARTNER mbB

Steinsdorfstr. 10

D-80538 München

ALEMANIA

Application No:	016484412
Your reference:
Trade mark:	FIXATE GEL PADS
Mark type:	Figurative mark
Applicant:	Meizhou Dexue Trading Limited 2nd Floor No.89.Shiguang Street Xingning City,Guangdong Prov REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 30/03/2017 pursuant to Article 7(1)(b) and 7(2) EUTMR because it found that the trade mark applied for is devoid of 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) EUTMR, the application for European Union trade mark No 16 484 412

is hereby rejected for the following goods:

Class 9 Cell phones; Covers for smartphones; Cases for smartphones; Smartphones; Holders for electric coils; Video screens; Projection apparatus; Tripods for cameras; Selfie sticks [hand-held monopods]; Pince-nez; Spectacle cases.

Class 27 Rugs; Bath mats; Automobile carpets; Non-slip mats.

The application may proceed for the remaining goods:

Class 9 Solar batteries; Protective films adapted for smartphones; Periscopes; Telescopes; Electrical adapters; Cell phone straps; Enlarging apparatus [photography]; Close-up lenses; Diaphragms [photography]; Filters for ultraviolet rays, for photography; Spectacle frames.

Class 12 Motor cars; Bicycles; Direction indicators for bicycles; Saddle covers for bicycles or motorcycles; Bicycle bells; Fitted stroller mosquito nets; Pushchair hoods; Vehicles for locomotion by land, air, water or rail; Dress guards for bicycles; Bicycle kickstands; Anti-theft devices for vehicles; Tires, solid, for vehicle wheels.

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.

Elna ISAKSSON