Refusal of application for a European Union trade mark

(Article 7 EUTMR and Rule 11(3) EUTMIR)

Alicante, 26/05/2016

COHAUSZ & FLORACK Patent- und Rechtsanwälte Partnerschaftsgesellschaft mbB

Bleichstr. 14

D-40211 Düsseldorf

ALEMANIA

Application No:	014992218
Your reference:	160048EU
Trade mark:	Quick Video Recording
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 25/01/2016 pursuant to Article 7(1)(b) and (c) EUTMR because it found that the trade mark applied for is descriptive and lacks distinctive character, 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)(b) and (c) EUTMR, the application for European Union trade mark No 14 992 218 is hereby rejected for the following goods:

Class 9 Computer application software for smart phones/ mobile phones/ smart televisions/ handheld electric communication devices (for use in Internet of Things); Motion recognizing sensors; Gyro sensors using GPS functions; Downloadable smart phone application (software); peripheral devices for computers; Digital audio interface apparatus; Wireless audio/ video receivers; Wireless communication apparatus; Smartphones; Cellular phones; Wearable smartphones; computer application software; Computer software applications, downloadable; Computer application software for mobile phones; Computer software for cellular phones; Computer software for Smart TV; Tablet PC; Wearable computers; Computers; Portable computers; Digital cameras; Network monitoring cameras; Audio component system {comprised of surrounding sound speakers/ loudspeakers/ tuners/ sound mixers/ equalizers/ audio recorders/ radio}; Apparatus for the recording/ transmission or reproduction of sound and images; DVD players; Portable media players; digital audio and video recorders and players; Electric audio and visual apparatus and instruments; Handheld multimedia players; Mobile phones; Telecommunication machines and implements; Computer software; Computer hardware modules for use in internet of things electronic devices; Computer software and firmware used to allow electronic devices to share data and communicate with each other; Computer operating system software.

Class 14 Watches incorporating cameras and MP3 players, and that communicate data to smartphones and PDA.

The application is accepted for the remaining goods.

According to Article 59 EUTMR, you have a right to appeal against this decision. According to Article 60 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.

Magnus ABRAMSSON