Refusal of application for a Community trade mark

(Article 7 CTMR and Rule 11(3) CTMIR)

Alicante, 03/12/2015

COHAUSZ & FLORACK Patent- und Rechtsanwälte Partnerschaftsgesellschaft mbB

Bleichstr. 14

D-40211 Düsseldorf

ALEMANIA

Application No:	014447619
Your reference:	151122EU
Trade mark:	FLASH
Mark type:	Word mark
Applicant:	LG ELECTRONICS INC. 128, Yeoui-daero, Yeongdeungpo-gu Seoul 150-721 REPÚBLICA DE COREA (LA)

The Office raised an objection on 27.08.2015 pursuant to Article 7(1) CTMR because it found that the trade mark applied for is descriptive and devoid of distinctive character, for the reasons set out in the attached letter.

On 29.10.2015, the applicant limited the goods applied for. The limitation was only concerned with goods objected to in Class 9.

The applicant failed to submit observations in reply to the objection issued by the Office within the time limit. For the reasons set out in the letter of objection, and pursuant to Article 7(1) CTMR, the application for Community trade mark No 14 447 619 is hereby rejected for the following objected goods remaining after the limitation:

Class 14 Watches; Parts and fittings for watches; Wrist watches; Electronic clocks and watches; Watchbands; Control clocks; Watches with the function of wireless communication; Watches that communicate data to personal digital assistants, smart phones, tablet computers and personal computers through internet websites and other computer and electronic communication networks; Watches incorporating cameras and MP3 players, and that communicate data to smart phones and PDAs.

The application is accepted for the remaining goods.

According to Article 59 CTMR, you have a right to appeal this decision. According to Article 60 CTMR, notice of appeal must be filed in writing with the Office within two months of the date of notification of this decision. 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 800 has been paid.

Volker Timo MENSING