Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 18/05/2018

AliasSmith AB

Claes Puebla Smith

Box 6340

SE-10235 Stockholm

SUECIA

Application No:	016631806
Your reference:	MEZCALMG
Trade mark:	Mezcal MG
Mark type:	Figurative mark
Applicant:	Agaves de Selección S.A.P.I. de C.V. Privada de los Fresnos 43B Depto 8 int 101 Col. Lomas del Sol Edo. de Mexico Mexico 52789 MÉXICO

The Office raised an objection on 19/01/2018 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is partially not eligible for registration under Article 7(1)(j) EUTMR, 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 016631806 is hereby rejected for the following goods:

Class 33 Mezcal; spirit drinks.

The application may proceed for the remaining goods, namely:

Class 33 Alcoholic beverages (except beer and spirit drinks).

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.

Lance EGGLETON