Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 05/04/2018

PURDYLUCEY INTELLECTUAL PROPERTY

6-7 Harcourt Terrace

Dublin 2

IRLANDA

Application No:	016814105
Your reference:	TM12322EU00
Trade mark:	HIT Fitness
Mark type:	Word mark
Applicant:	Rolsford Limited trading as McSport Limited Unit 5, 60 Fern Road, Sandyford Industrial Estate, Dublin 18 IRLANDA

The Office raised an objection on 14/11/2017 pursuant to Article 7(1)(b)(c) and (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 failed to submit observations within the time limit.

Upon further examination, the Office decided to maintain the objection.

Since no further arguments have been presented nor further evidence has been submitted, the Office refers in full to the objection letter.

For the reasons set out in the letter of objection, and pursuant to Article 7(1)(b)(c) and (2) EUTMR, the application for the above mentioned European Union trade mark is hereby rejected for all the goods/services claimed.

Under Article 67 EUTMR, you have a right to appeal against this decision. In accordance with 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 for 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.

Alma - Lydia HASSENPFLUG EZQUERRO