Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

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Alicante, 06/11/2017

DELACOUR LAW FIRM

Langebrogade 4

DK-1411 Copenhagen K

DINAMARCA

Application No:	017092511
Your reference:	278071
Trade mark:	G-4
Mark type:	Word mark
Applicant:	SGM Light A/S Sommervej 23 DK-8210 Hasle DINAMARCA

1. The Office raised an objection on 22/08/2017, 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.

2. Pursuant to Article 75 EUTMR, it is up to the Office to take a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments.

The applicant did not submit any observations within the set time limit.

3. Therefore, and for the reasons set out in the letter of 22/08/2017, and pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 17 092 511 is hereby rejected for the following goods and services:

Class 11: Apparatus for lighting, including LED lighting apparatus; Lighting effects for the entertainment industry, including lighting for discos and nightclubs, theatre and stage lighting, lighting for shows, concerts and television shows; architectural lighting; Shop lighting.

Class 35: Wholesaling and retailing, including via mail order catalogues, the internet or other electronic media, of photographic darkroom lighting; Wholesaling and retailing, including via mail order catalogues, the internet or other electronic media, of apparatus for lighting, including LED lighting apparatus; Wholesaling and retailing, including via mail order catalogues, the internet or other electronic media, of lighting effects for the entertainment industry, including lighting for discos and nightclubs, theatre and stage lighting, lighting for shows, concerts and television shows; Wholesaling and retailing, including via mail order catalogues, the internet or other electronic media, of architectural lighting; Wholesaling and retailing, including via mail order catalogues, the internet or other electronic media, of shop lighting.

The application may proceed for the remaining goods and 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.

Anne-Lee KRISTENSEN