Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 10/10/2019

DOMINGO GALLETERO COMPANY

CALLE PEREZ MEDINA, Nº 23, ENTLO. DCHA

E-03007 ALICANTE

ESPAÑA

Application No:	018098513
Your reference:	UTM1905280-EM.RG.1
Trade mark:	Moonface
Mark type:	Word mark
Applicant:	Alps Holding Company Limited Second Floor, The Quadrant, Manglier Street, P.O. Box 334 Victoria, Mahé SEYCHELLES

The Office raised an objection on 01/08/2019 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.

The relevant consumers would perceive the sign as providing information that goods are to be used for the treatment of the medical condition known as ‘moonface’. Therefore, the sign describes the intended purpose of the goods in question.

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)(b)(c) and Article 7(2) EUTMR, the application for European Union trade mark No 18 098 513 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.

Alistair BUGEJA