Refusal of application for a European Union trade mark

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

Alicante, 20/10/2016

COHAUSZ & FLORACK Patent- und Rechtsanwälte Partnerschaftsgesellschaft mbB

Bleichstr. 14

D-40211 Düsseldorf

ALEMANIA

Application No:	015361819
Your reference:	160904EU
Trade mark:	Sound Plus
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 23/06/2016 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is partially not eligible for registration under Article 7(1)(b) EUTMR and Article 7(2) EUTMR, for the reasons set out in the attached letter.

The applicant submitted a limitation on 27/09/2016. However, some of the objectionable goods still remain in the specification. Therefore, as the applicant has failed to submit observations within the time limit to the letter of objection, pursuant to Article 7(1) EUTMR, the application for European Union trade mark No 015361819 is hereby rejected for the following goods:

Class 09 Data-processing equipment and computers; Video conference system; Smart phones for wrist; Smartphones; Wearable Computers; Digital measuring apparatus; Warning apparatus (other than for vehicles); Wireless speakers; Wireless headsets; Mobile phones; Application software for smart phone; Computer application software; Computers; Tablet computers.

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

The application may proceed 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.

Lance EGGLETON