Source: All England Reporter
Publisher Citation: [2005] All ER (D) 72 (Sep)
Court: Court of First Instance of the European Communities (Second Chamber)
Judge:

Judges Pirrung (President), Meij and Pelikanova
Judgment Dates: 13 September 2005

Catchwords

European community - Trade marks - Community trade mark - Application for declaration of invalidity - Figurative Community trade mark including word element 'INTERTOPS' - Whether mark contrary to public policy or accepted principles of morality - Council Regulation (EC) 40/94, arts 7(1)(f), 7(2), 51.

The Case

In determining an application for a declaration of invalidity of a Community trade mark under art51 of Council Regulation (EC) 40-94 (on the Community trade mark), on the absolute ground for refusal under art7(1)(f) of the regulation, which provided that trade marks which were contrary to public policy or to accepted principles of morality were not to be registered, it was the trade mark itself, namely the sign in relation to the goods or services as they appeared upon registration of the trade mark, which was to be assessed in order to determine whether it was contrary to public policy or accepted principles of morality, and not the circumstances relating to the conduct of the person applying for the trade mark.

Practice Areas

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