Refusal of application for a European Union trade mark

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

Alicante, 05/04/2016

COHAUSZ & FLORACK Patent- und Rechtsanwälte Partnerschaftsgesellschaft mbB

Bleichstr. 14

D-40211 Düsseldorf

ALEMANIA

Application No:	014537922
Your reference:	151447EU
Trade mark:	Rich Gold
Mark type:	Word mark
Applicant:	LG ELECTRONICS INC. 128, Yeoui-daero, Yeongdeungpo-gu Seoul 150-721 REPÚBLICA DE COREA (LA)

On 27/11/2015, the Office raised an objection to the registration of the word mark “Rich Gold” pursuant to Article 7.1(b), (c) and 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 (see Annex One – 3 pages).

Applicant’s submissions

To date the Office has received no response from the applicant in reply to the objections raised.

Reasons

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.

In the absence of comments from the applicant, the Office maintains the objection, based on the objection letter sent to the applicant on 27/11/2015.

Pursuant to Article 7(1)(b), (c), and 7(2) EUTMR, the application for Community trade mark No 014537922 is hereby rejected for the contested goods.

According to Article 59 EUTMR, you have a right to appeal this decision. According to Article 60 EUTMR, notice of appeal must be filed in writing with the Office within two months of the date of notification of this decision. 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.

Mark KENNEDY