Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 17/07/2020

HOGAN LOVELLS

Avenida Maisonnave 22

E-03003 Alicante

ESPAÑA

Application No:	018226505
Your reference:
Trade mark:	Washing Tower
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 06/05/2020 pursuant to Article 7(1)(b), (c) and Article 7(2) EUTMR because it found that the trade mark applied for is partially not eligible for registration, for the reasons set out in the attached letter, which forms an integral part of this decision.

In summary, the relevant consumers would perceive the sign as providing information that various washing and drying machines (forming part of a washing process) can be assembled in one single tall, ‘tower’ structure enabling to organise a functional laundry room with an optimal storage for different equipment and ideal level of placement. In addition, internet search has revealed that the words in question, ‘Washing Tower’ are used in marketing to describe the particular characteristics of the goods for which objection has been raised. Therefore, the sign describes the kind and intended nature and purpose of the goods in question.

Since the sign is descriptive of a certain characteristics of the goods for which objection has been raised, it is also 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. There is nothing about the expression ‘Washing Tower’ that might, beyond its descriptive meaning, enable the relevant public to memorise the sign easily and instantly as a distinctive trade mark for the goods in question.

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 18226505 is hereby rejected for the following goods:

EN-7	Electric washing machines; Electric clothes washing machines; Spin driers (not heated).
EN-11	Electric clothes dryers; Electric clothes management machines for drying clothes for household purpose; Electric clothing management machines having the functions of deodorizing, sterilizing and steaming garments for household purposes; Electric clothes drying machines with sterilization, deodorization and crease-resistant treatment functions for household purpose.

The application may proceed for the remaining goods:

EN-7

Automatic dishwashers; Electric vacuum cleaners; Hoses for electric vacuum cleaners; Bags for electric vacuum cleaners; Stick type vacuum cleaners; Electric rotary blowers; Robots (machines); Compressed air pumps; Electric rotary compressors; Compressors for refrigerators; Electric mixers for household purposes; Robotic vacuum cleaners; Electric food processors; Steam cleaners for household purposes; Hand-held vacuum cleaners; Electric vacuum cleaners for bedding; Housekeeping robots for household purpose; Robots for personal use, namely, robots for cleaning.

EN-11

Air conditioners; Hot air apparatus, namely, hot-air space heating apparatus; Humidifiers; Electric dehumidifier for household use; Electric ranges; Water purifiers for household purposes; Water ionizers for household purposes; Membrane apparatus in the nature of filters for purifying water; Solar thermal collectors (heating); Air purifiers; Ventilation (air-conditioning) apparatus for heating; LED lamps; Gas ranges; Electric kitchen ovens; Apparatus or installations for cooking; Electric refrigerators; Ventilation hoods; Ventilation hoods for ovens.

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.

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