Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 27/09/2019

Dreiss Patentanwälte PartG mbB

Friedrichstraße 6

D-70174 Stuttgart

ALEMANIA

Application No:	018043101
Your reference:	42500231EU
Trade mark:	EYE PLEASING
Mark type:	Word mark
Applicant:	LG INNOTEK CO., LTD. 98, Huam-ro, Jung-gu SEOUL 04637 REPÚBLICA DE COREA (LA)

The Office raised an objection on 29/05/2019 pursuant to Article 7(1)(B)(C) and Article 7(2) EUTMR because it found that the trade mark applied for is not eligible for registration, for the reasons set out in the attached letter, which forms an integral part of this decision.

In the present case, the relevant consumers would perceive the sign as providing information that the goods applied for are various lighting apparatus and devices, including the accessories thereof, that feature light that is pleasing to the eye and that will not fatigue it. The information transmitted by the words in the mark is that of a desirable characteristic of the goods concerned, namely to be gentle and not too bright and which will not have negative effects on the eye. Therefore, the sign describes the quality and intended purpose 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, as it is incapable of performing the essential function of a trade mark, which is to distinguish the goods or services of one undertaking from those of other undertakings.

Consequently, taken as a whole, the sign for which protection is sought is descriptive and devoid of any distinctive character, and is not capable of distinguishing the goods to which an objection has been raised within the meaning of Article 7(1)(b) and (c) and Article 7(2) 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)(B)(C) and Article 7(2) EUTMR, the application for European Union trade mark No 018043101 is hereby rejected for all the goods.

According to Article 67 EUTMR, you have a right to appeal against this decision. According to Article 68 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.

Alfonso CID