Refusal of application for a European Union trade mark

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

Alicante, 23/05/2016

COHAUSZ & FLORACK Patent- und Rechtsanwälte Partnerschaftsgesellschaft mbB

Bleichstr. 14

D-40211 Düsseldorf

ALEMANIA

Application No:	014995518
Your reference:	160067EU
Trade mark:	Audio Monitor
Mark type:	Word mark
Applicant:	LG ELECTRONICS INC. 128, Yeoui-daero, Yeongdeungpo-gu Seoul 150-721 REPÚBLICA DE COREA (LA)

1. The Office raised an objection on 29/01/2016, pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR because it found that the trade mark applied for is descriptive and devoid of any distinctive character, for the reasons set out in the attached letter.

2. Pursuant to Article 75 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 did not submit any observations within the set time limit.

3. Therefore, and for the reasons set out in the letter of 29/01/2016, and pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 14995518 is hereby rejected for the following goods:

Class 9: Invader sensors; Sensors for privacy protection; Digital sensory devices; Sensor controllers; Sensors for measuring instruments; Sensor stations; Monitors (computer hardware); Downloadable smart phone application (software); Interfaces and peripheral devices for computers; Digital audio interface apparatus; Wireless audio receivers; Wireless communication apparatus; Display for 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; Monitors for industrial purposes; Wearable computers; Computers; Portable computers; Audio component system {comprised of audio recorders}; Apparatus for the recording/ transmission of sound; Measuring apparatus not for medical purposes; Automatic control apparatus and instruments; digital audio recorders; Electric audio apparatus and instruments; Mobile phones; Telecommunication machines and implements; Computer software; Bands with sensors; Watchbands that communicate data to personal digital assistants, smartphones, and personal computers through internet websites and other computer and electronic communication networks; Bracelets that communicate data to personal digital assistants, smartphones, and personal computers through internet websites and other computer and electronic communication networks.

Class 14 Parts and fittings for watches; Wristwatches; Electronic clocks and watches; Bracelets; Watch bands; Watches with wireless communication function; Watches that communicate data to personal digital assistants, smartphones, and personal computers through internet websites and other computer and electronic communication networks; 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 this decision. According to Article 60(1) EUTMR, 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 720 has been paid.

Anne-Lee KRISTENSEN