Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 28/05/2019

CLARKE, MODET Y CÍA. S.L.

Rambla de Méndez Núñez, Nº 21-23, 5º A-B

E-03002 Alicante

ESPAÑA

Application No:	018017908
Your reference:	MUE/19076/CDX/GM
Trade mark:	MALDImini
Mark type:	Word mark
Applicant:	Shimadzu Corporation (Kabushiki Kaisha Shimadzu Corporation) 1, Nishinokyo-Kuwabaracho Nakagyo Kyoto 604-8511 JAPÓN

The Office raised an objection on 08/02/2019 pursuant to Article 7(1)(b), (c) and Article 7(2) 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.

With the notice the applicant was given opportunity to submit observations in reply. Pursuant to Article 94 EUTMR, it is up to the Office to take a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments.

The applicant failed to submit observations within the time limit. Consequently further argumentation is superfluous. For the reasons set out in the letter of objection, and pursuant to Article 7(1)(b), (c) and Article 7(2) EUTMR, the application for European Union trade mark No 018 017 908 is hereby rejected for all the goods 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.

Emre GULLU