Refusal of application for a European Union trade mark

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

Alicante, 27/09/2016

COHAUSZ & FLORACK Patent- und Rechtsanwälte Partnerschaftsgesellschaft mbB

Bleichstr. 14

D-40211 Düsseldorf

ALEMANIA

Application No:	015366305
Your reference:	160924EU
Trade mark:	Play Booster
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 28/06/2016 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) and (c) EUTMR and Article 7(2) EUTMR, 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) EUTMR, the application for European Union trade mark No 015366305 is hereby rejected for the following goods/services:

Class 09 Audiovisual teaching apparatus; Apparatus for broadcasting, recording, transmission or reproduction of sound, data or images; Home theatre system; Radio transceivers; Smart phones for wrist; Smartphones; Eyewear type smart phone; Wearable Computers; 3D spectacles; Digital

televisions; 3D television receivers; Wireless speakers; Wireless headsets; Mobile phones; Software for smart TV (application); Application software for smart phone; Computer application software; Computers; Tablet computers; Memory cards for video game machines.

Class 14 Watches incorporating cameras and MP3 players, and that communicate

data to smartphones and PDAs.

The application may proceed for the remaining goods/services.

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