Refusal of application for a European Union trade mark

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

Alicante, 09/11/2016

MITSCHERLICH, PATENT- UND RECHTSANWÄLTE, PARTMBB

Sonnenstraße 33

D-80331 München

ALEMANIA

Application No:	015485105
Your reference:	M35729/EU
Trade mark:	ARCHDisplay
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 17/06/2016 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 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 and Article 7(2) EUTMR, the application for European Union trade mark No 15 485 105 is hereby rejected for the following goods:

Class 11 Refrigerators; Doors for refrigerators; Shelves for refrigerators; Display panels for refrigerators; Drawers for refrigerators; Baskets for refrigerators; Food storage baskets for refrigerators; Automatic ice machines for refrigerators; Electric refrigerating showcases; Electric hot and cold water purifier for household purposes; Humidifiers for household purposes; Dehumidifiers for household purposes; Air purifiers for household purposes; Electric clothes drying machines for household purposes; Electric cooking ovens for household purposes; Microwave ovens; Induction ranges; Air conditioners.

The application may proceed for the remaining goods namely for:

Class 11 Handles for refrigerators; Ducts for refrigerators; Interior lights for refrigerators.

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