Refusal of application for a European Union trade mark

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

Alicante, 05/04/2017

DR. SCHÖN, NEYMEYR & PARTNER MBB

Bavariaring 26

D-80336 München

ALEMANIA

Application No:	016191116
Your reference:	1999_M_5502_EM
Trade mark:	Liquid Armor
Mark type:	Word mark
Applicant:	Spigen Korea Co., Ltd. 1709-ho, 128, Gasan digital 1-ro, Geumcheon-gu Seoul REPÚBLICA DE COREA (LA)

The Office raised an objection on 09/01/2017 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.

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 16 191 116 is hereby rejected for the following goods:

Class 9 Leather cases for smartphones; Mobile phone cases; Protective cases for smartphones; Protective cases for tablet computers; Battery cases; Waterproof camera cases; Cases adapted for mobile phones.

The application may proceed for the remaining goods, namely:

Class 9 Stands adapted for mobile phones; Chargers for smartphones; USB cables for cellphones; Ear phones; Speakers; Selfie sticks; Camera mounts; Dashboard mounts for mobile phones.

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.

Sandra KASPERIŪNAITĖ