Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 30/07/2018

ISERN PATENTES Y MARCAS, S.L.

Avenida Diagonal, 463 bis, 2° piso

E-08036 Barcelona

ESPAÑA

Application No:	017883800
Your reference:	OT68527
Trade mark:	Intelligent Display
Mark type:	Word mark
Applicant:	SAMSUNG ELECTRONICS CO., LTD. 129, Samsung-ro, Yeongtong-gu Suwon-si, Gyeonggi-do - REPÚBLICA DE COREA (LA)

The Office raised an objection on 17/05/2018 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 distinctive character, for the reasons set out in the attached letter.

The relevant consumers would perceive the sign as providing information that are or contain intelligent display. Therefore, the sign describes the kind and feature of the goods in question.

Given that the sign has a clear descriptive meaning it is also devoid of any distinctive

character and therefore objectionable under Article 7(1)(b) EUTMR.

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 17 883 800 is hereby rejected for the following goods:

Class 9 Televisions; Television apparatus; Television receivers (tv sets); Television monitors; Electronic display panels; Monitors for commercial purposes; LED (light-emitting diode) displays; LCD panels; Digital signage display panels.

The application may proceed for the remaining goods.

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.

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