Refusal of application for a European Union trade mark

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

Alicante, 31/05/2017

COHAUSZ & FLORACK Patent- und Rechtsanwälte Partnerschaftsgesellschaft mbB

Bleichstr. 14

D-40211 Düsseldorf

ALEMANIA

Application No:	016357014
Your reference:	170239EU
Trade mark:	Picture-on-Wall
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 20/02/2017 pursuant to Article 7(1)(b) and (c) EUTMR because it found that the trade mark applied for is partially descriptive and devoid of 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 7(2) EUTMR, the application for European Union trade mark No 16 357 014 is hereby rejected for the following goods:

Class 9 3D spectacles; Display for television receivers; Apparatus for the recording/transmission or reproduction of sound and images; Beam projectors; Application software; Display panels.

The application may proceed for the remaining goods:

Class 9 Rechargeable batteries; Battery compensation chargers; Television receivers (TV sets); Ear phones; Handheld media players; DVD players; Speakers for TV; Speakers for smart phones; Audio speakers; Audio components; Monitors.

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.

Elna ISAKSSON