^ Yeah that seems quite possible actually. Two new notices of 'Suspension of proceedings' correspondence have just appeared - directed at the applicant (Phantasialand) now.
So R.I.P. F.L.Y.??
EDIT:
Update!
On PhantaFriends.de
@Schlussbremse has explained the details of the refusal on the website.
"The brand F.L.Y. can not be protected because it has "insufficient distinctiveness" according to UMV Article 7 1 b).
In essence: rejected because, according to the Authority's interpretation, it is basically trying to enter a word mark in the general English word for flying.
Excerpt from the reason:
Quote
The mark applied for consists of the English expression "F.L.Y.". The fact that there is a dot between the letters is not enough to make the character distinctive. Typographical symbols such as dot, comma, semicolon, quotation marks or exclamation marks are not perceived by the public as a mark of origin. Consumers perceive it as a sign that should attract their attention, but not as a sign that points to the company's origin. This separate spelling of the letters "F.L.Y." also does not change the descriptive character of the sign, since it does not change the meaning of the word; Nor does it require any mental effort on the part of the consumer to establish an immediate and immediate connection with the term to which they refer.
The term "fly" means: "transport in an aircraft; Move or be hurried quickly through the air; move through the air using wings ". (Information from the Oxford Online Dictionary, retrieved on 15/11/2018 at
https://en.oxforddictionaries.com/definition/fly).
(...)
Since the sign has a clear descriptive meaning, it is devoid of any distinctive character and therefore can not be registered under Article 7 (1) (b) CTMR, since it is unable to fulfil the essential function of a trade mark: To distinguish a company's services from those of its competitors."
So yeah F.L.Y. is dead. Can't see a way around that other than a name change at this stage, given its importance they won't keep a brand name they don't own. Intrigued to see what happens now.