Refusal of application for a European Union trade mark

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

Alicante, 04/10/2016

WITHERS & ROGERS LLP

4 More London Riverside

London SE1 2AU

REINO UNIDO

Application No:	015152011
Your reference:	T346195CTM/DM
Trade mark:	HDR 1000
Mark type:	Word mark
Applicant:	SAMSUNG ELECTRONICS CO., LTD. 129, Samsung-ro, Yeongtong-gu Suwon-si, Gyeonggi-do 443-742 REPÚBLICA DE COREA (LA)

The Office raised an objection on 16/03/2016 pursuant to Articles 7(1)(b) and (c) and 7(2) EUTMR 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.

The applicant submitted observations on 04/05/2016 to which the Office replied on 25/07/2016 (copy of letter attached). In this letter two months were given to file evidence of acquired distinctiveness. The applicant did not submit any evidence within the time limit granted. For the reasons set out in the letters of objection, and pursuant to Articles 7(1)(b) and (c) and 7(2) EUTMR, the application for European Union trade mark No 15 152 011 is hereby rejected.

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.

Deirdre QUINN