Refusal of application for a European Union trade mark

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

Alicante, 13/06/2016

COHAUSZ & FLORACK Patent- und Rechtsanwälte Partnerschaftsgesellschaft mbB

Bleichstr. 14

D-40211 Düsseldorf

ALEMANIA

Application No:	014991806
Your reference:	160036EU
Trade mark:	Live Screen
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 03/02/2016 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is not eligible for registration under Article 7(1) (b) and (c) and Article 7 (2) EUTMR, for the reasons set out in the attached letter.

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 14 991 806 is hereby rejected for the following goods:

Class 7 Dish washing machines for household purposes; Automatic dishwashers; Washing machines; Laundry washing machines for household use; Electric washing machines for household purposes; Clothes washing machines; Dishwashers; Dishwashing machines for household purposes; Spin dryers for household purposes (not heated); Clothes managing apparatus for laundry use; Electric clothes managing apparatus for household purposes; Steam cleaners for household purposes; Electric cleaners for household purposes; Vacuum cleaners; Robot cleaners for household purposes; Bed cleaners for household purposes; Solar power generators; Apparatus for manufacturing solar battery membrane; Apparatus for forming solar battery membrane; Compressors as parts of machines, motors and engines; Compressors for refrigerators; Compressors (machines); Compressors for air conditioners; Compressors for dehumidifying machines; Compressors for air handlers; Compressors for clothes management machines; Compressors for laundry washing machines; Compressors for clothes dryers.

Class 9 Computer application software for smart phones/ mobile phones/ smart televisions/ handheld electric communication devices (for use in Internet of Things); Motion recognizing sensors; Gyro sensors using GPS functions; Motion detectors; Invader sensors; Sensors for privacy protection; Alarm sensors for refrigerators; Alarm sensors for laundry washing machines; Range sensors; Digital sensory devices; Sensor controllers; Pressure sensors; Sensors for measuring instruments; Window opening and closing detecting sensors; Object detecting sensors; Door opening and closing detecting sensors; Remote control apparatus; USB Dongle (wireless network adapters); Transmitters and receivers of electronic signals; Adapters for connecting wireless network; Multifunctional touch buttons; Sensor stations; Audio speakers; Monitors (computer hardware); Door locks; TV remote controls; Remote controls for electronic products; Home network devices; Electronic security system for home network; Home automation device; Downloadable smart phone application (software); Interfaces and peripheral devices for computers; Cloud server; Server for home network system; Server for home automation; Digital audio interface apparatus; Wireless audio/ video receivers; Wireless communication apparatus; Battery charge devices; Computer software for the remote control of security apparatus; Computer software for the remote control of office machines; Computer software for the remote control of electric lighting apparatus; Application software for the remote control of electronic apparatus/ home appliances; Computer software for the remote control of electronic apparatus/ home appliances; Computer programs for the remote control of electronic apparatus/ home appliances (for installation of electronic apparatus/ home appliances); Computer software for the remote control of telephones/ wireless phones; Computer software for the remote control of vacuum cleaners/ printers/ computers; Smartphones; Display for smartphones; Cellular phones; Wearable smartphones; Wireless headsets; Headsets; Wireless headset for cellphones; Wireless headsets for smartphones; Digital set top boxes; computer application software; Computer software applications, downloadable; Computer application software for mobile phones; Computer software for cellular phones; Computer software for Smart TV; Tablet PC; Monitors for industrial purposes; Wearable computers; Computers; Printers for use with computers; Light emitting diode (LED) displays; Portable computers; Battery compensation chargers; 3D spectacles; Digital cameras; Network monitoring cameras; Television receivers; Displays for television receivers; Audio component system {comprised of surrounding sound speakers/ loudspeakers/ tuners/ sound mixers/ equalizers/ audio recorders/ radio}; Apparatus for the recording/ transmission or reproduction of sound and images; Earphones; DVD players; Portable media players; Oscillation sensor devices; Air pollution measuring devices; Measuring and control devices for air conditioning technology; Air measuring apparatus; Dust measuring apparatus; Weight scales not for medical purposes; Measuring apparatus not for medical purposes; Automatic control apparatus and instruments; Light switches; Remote multi switches; Electric power distribution apparatus; Apparatus for improving power efficiency; Apparatus and instruments for conveying, distributing, transforming, storing, regulating or controlling electric current; Lighting control apparatus; Apparatus for diagnosing electrical power installations; Apparatus for measuring/ monitoring/ analyzing electricity consumption; digital audio and video recorders and players; Speaker systems; Electric audio and visual apparatus and instruments; Handheld multimedia players; Modems; Wireless routers; Antennas for wireless communications apparatus; Remote air conditioning control devices; Telemetric apparatus and instruments; Remote control telemetering machines and apparatus; Mobile phones; Telecommunication machines and implements; Remote control apparatus for controlling lighting; Telecommunication converters; Computer software; Digital electronic controllers; Modules for photovoltaic power generation; Inverter used in solar power generation; Accumulators for photovoltaic power; Electric control devices for heating and energy management; Computer hardware modules for use in internet of things electronic devices; Computer software and firmware used to allow electronic devices to share data and communicate with each other; Computer operating system software; Electronic device software drivers that allow computer hardware and electronic devices to communicate with each other; Middleware for management of software functions on electronic devices; Software for network and device security; Computer software for others to use for the development of software to manage, operate and connect internet of things (electronic devices); Software for mobile device management; Bands with sensors; Watchbands that communicate data to personal digital assistants, smartphones, and personal computers through internet websites and other computer and electronic communication networks; Bracelets that communicate data to personal digital assistants, smartphones, and personal computers through internet websites and other computer and electronic communication networks.

Class 11 Gas ranges; Gas oven range; Cooking ovens for household purposes; Ovens; Kitchen ranges (ovens); Hot-water heating apparatus; Solar heating apparatus; Gas refrigerators; Air conditioners for household purposes; Air conditioners; Air conditioning installations; Air conditioning apparatus; Fans (air-conditioning); Portable air conditioners; Cooling fans; Freezers; Heating and air conditioning apparatus; Heating installations; Refrigerating or freezing showcases; Refrigerating containers; Room air conditioners; Room coolers; Refrigerating display cabinets; Range hoods for household purposes; Ventilators for household use; Ventilating fans for household use; Ventilation installations for kitchens; Solar thermal collectors (heating); Heating and cooling systems for motor cars; Air conditioners for automobiles; Heat exchangers for automobiles; Lighting apparatus and devices for automobiles; Air purifiers (for household purposes); Household air cleaners; Air sterilizers for household purposes; Air cleaning apparatus for household purposes; Ionization apparatus for the treatment of air or water; Air humidifying apparatus; Air driers; Air sterilizing and disinfecting device; Air purifiers; Water ionizers (for household purposes); Desalination plants; Water sterilizers; Water filtering apparatus; Water purification installations; Water purifying apparatus; Water purifying apparatus and machines; Tap-water purifying apparatus; Water purifying apparatus; Purification installations for sewage; Organic light emitting diodes (OLED) lighting device; Pixel local storage (PLS) lighting device; Electric lighting apparatus; Solar cell lighting apparatus; Electric humidifiers for household use; Electric drying apparatus for household purposes; Electric dehumidifiers for household purposes; Dehumidifiers for household use; Anion generator humidifier; Laundry dryers, electric for household purposes; Electric dish drying machines for household purposes; Electric clothes drying machines for household purposes; Clothes dryers; Electric dehydrators; Electric ovens for household purposes; Induction ranges; Electric ranges; Electric oven ranges; Microwave ovens; Refrigerators for household purposes; Electric refrigerators (for household purposes); Electric wine cellar for household purposes; Electric water purifiers for household purposes; Electric water purification filters for household purposes; microwave ovens for household purposes; Kimchi refrigerators; Refrigerators; Wine refrigerators; Electric humidifiers; Electric refrigerators; Electric refrigerating showcases; Electric wine coolers; Electric sterilizers for household purposes; Heat exchangers.

Class 14 Wristwatches; Electronic clocks and watches; Bracelets; Watch bands; Control clocks (master clocks); Watches with wireless communication function; Watches that communicate data to personal digital assistants, smartphones, and personal computers through internet websites and other computer and electronic communication networks; Watches incorporating cameras and MP3 players, and that communicate data to smartphones and PDA.

The application is accepted for the remaining goods:

Class 9 Leather cases for cellular phones; Leather case for smartphones; Flip covers for cellular phones; Flip covers for smartphones; Leather cases for tablet computers; Flip covers for tablet computers; Rechargeable batteries; Electric wire and cable; Computer software for controlling and managing access server applications; Computer programs for connecting remotely to computers or computer networks; Plugs; Sockets, plugs and other contacts (electric connections); Solar cell wafer; Solar wafers; Solar batteries; Crystalline silicon solar power cells; Solar cell plates; Solar cell panels; Solar power panel for electricity generation; Solar panels for electricity generation; solar panels for the production of electricity.

Class 11 Lightings for bathroom; Lightings for master rooms; Solar heat collection panels; Light emitting diode lights for automobiles; Air purifiers for automobiles; Filters for air purifiers; Water filters for household purposes; LCD illumination; LED luminaires; Emitting diodes lamps; Incandescent lighting fixtures; Electric bulbs.

Class 14 Clocks; Parts and fittings for watches.

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.

Volker Timo MENSING