Source: All England Reporter
Publisher Citation: [2009] All ER (D) 234 (Jan)
Court: Court of First Instance of the European Communities (Sixth Chamber)
Judge:

Meij (President), Vadapalas (Rapporteur) and Labucka
Judgment Dates: 9 December 2008

Catchwords

European Community - Trade marks - Community trade mark - Applicant seeking registration of trade mark VISIBLE WHITE - Products covered by trade mark toothpaste and mouthwash - Board of Appeal finding trade mark describing goods for which it had been registered in breach of Community legislation - Applicant appealing - Whether Board erring - Council Regulation (EC) 40/94, art 7(1)(c).

The Case

European Community Trade marks. The Court of Justice of the European Communities: The Court rejected an appeal against a decision of the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), holding that the trade mark VISIBLE WHITE, which covered toothpaste and mouthwash, breached art7(1)(c) of Council Regulation (EC) 40-94 on the ground that when viewed as a whole, the trade mark had such a direct and specific relationship with the goods which it covered that it did breach art7(1)(c) of the Regulation.

Practice Areas

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