Refusal of application for a Community trade mark

(Article 7 CTMR and Rule 11(3) CTMIR)

Alicante, 12/01/2016

MEWBURN ELLIS LLP

City Tower

40 Basinghall Street

London

EC2V 5DE

REINO UNIDO

Application No:	014279509
Your reference:	SFA/FT7130339
Trade mark:
Mark type:	Sound mark
Applicant:	XappMedia, Inc. 15603 Jillians Forest Way Centreville Virginia 20120 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 08/07/2015 pursuant to Article 7(1)(b) CTMR because it found that the trade mark applied for is devoid of any distinctive character, 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) CTMR, the application for Community trade mark No 14 279 509 is hereby rejected for all the services claimed.

According to Article 59 CTMR, you have a right to appeal this decision. According to Article 60 CTMR, 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 800 has been paid.

Volker Timo MENSING