Refusal of application for a Community trade mark

(Article 7 CTMR and Rule 11(3) CTMIR)

Alicante, 26/02/2016

ARNASON FAKTOR DENMARK APS

Stockholmsgade 41

DK-2100 Copenhagen Ø

DINAMARCA

Application No:	14 668 305
Your reference:	TM18425EU00
Trade mark:	LASER NIGHTVISION
Mark type:	Word mark
Applicant:	Total Cornea Lasik Inc./ Cornée Lasik Totale Inc. 1180 rue Drummond, Suite 400 Montréal Quebec H3G 2S1 CANADÁ

The Office raised an objection on 06/11/2015 pursuant to Article 7(1) CTMR because it found that the trade mark applied for is descriptive and lacks of 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 14 668 305 ‘LASER NIGHTVISION’ 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.

Roxana PISLARU