| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 122 (Dec) |
| Court: | Court of First Instance of the European Communities (Fourth Chamber) |
| Judge: | Judges Mengozzi (President), Tiili and Moura Ramos |
| Judgment Dates: | 11 December 2001 |
Catchwords
European Community - Community trade marks - Whether trade mark specifically descriptive - Whether very weak distinctive character sufficient to overcome grounds for refusal - Council Regulation (EC) 40/94, art 7(1)(b) and (c).
The Case
(1) The descriptiveness of a sign should be assessed in relation to the goods or services in respect of which registration was sought. In order to be caught by Council Regulation (EC) 40-94 art 7(1)(c), a mark had to consist exclusively of signs or indications which might serve to designate a characteristic of the goods or services concerned.
Practice Areas
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