Refusal of application for a Community trade mark

(Article 7 CTMR and Rule 11(3) CTMIR)

Alicante, 27/11/2015

MARKS & CLERK LLP

1 New York Street

Manchester M1 4HD

REINO UNIDO

Application No:	013762422
Your reference:	MMS/LY/TM340776EMA
Trade mark:	DNA
Mark type:	Word mark
Applicant:	Cyberonics, Inc. 100 Cyberonics Blvd. Houston, Texas 77058 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 13/03/2015 pursuant to Article 7(1) CTMR because it found that the trade mark applied for is not eligible for registration. The applicant submitted observations in response but after careful consideration the Office decided to maintain the objection on 16/06/2015, for the reasons set out in the attached letters.

The applicant failed to submit further 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 137 62 422 is hereby rejected for all the goods and services.

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.

Sam CONGREVE

Samantha CONGREVE