Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 23/01/2018

Carolina Sánchez Margareto

Blasco Ibañez 72 1C

E-28050 Madrid

ESPAÑA

Application No:	17 380 321
Your reference:
Trade mark:
Mark type:	Figurative mark
Applicant:	Baojian Yan Group 24, Six Village, Tianze Community, Keshan Town, Keshan County, Heilongjiang Province REPÚBLICA POPULAR DE CHINA

The Office raised a partial objection on 25/10/2017 pursuant to Article 7(1)(g) and Article 7(2) EUTMR because it found that the trade mark applied for is deceptive in connection with part of the goods in Class 30, 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)(g) and Article 7(2) EUTMR, the application for European Union trade mark No 17 380 321 is hereby rejected for the following goods:

Class 30 Cocoa; tea; tea-based beverages.

The application may proceed for the remaining goods, namely:

Class 30 Coffee; honey; bread; pizzas; instant rice; meal; flour; starch for food.

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.

Finn PEDERSEN