Source: All England Reporter
Publisher Citation: [2004] All ER (D) 158 (Nov)
Court: Court of First Instance of the European Communities (Fourth Chamber)
Judge:

Judges Legal (President), Tiili and Vilaras
Judgment Dates: 10 November 2004

Catchwords

Trade marks - Community trade mark - Registration - Absolute ground for refusal - Figurative mark representing form of twisted wrapper - Distinctive character in consequence of use - Council Regulation (EC) 40/94, arts  7(1)(b), 7(3), 73(1), 74(1).

The Case

Where the applicant had filed an application for registration of a Community trade mark under Council Regulation (EC) 40-94 (on the Community trade mark) in respect of the representation in perspective of a twisted wrapper (shape of a sweet wrapper), the respondent had been entitle to refuse registration the ground that the mark applied for was devoid of any distinctive character within the meaning of art7(1)(b) of the regulation, and that the mark had not become distinctive in consequence of the use made of it, within the meaning of art7(3) of the regulation.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
  • Cases related to this particular case that are related to, or discuss this caseView related cases
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary