Source: All England Reporter
Publisher Citation: [2008] All ER (D) 23 (Dec)
Court: Court of First Instance of the European Communities (First Chamber)
Judge:

Judges Tiili (President), Dehousse and Wiszniewska-Bialecka (Rapporteur)
Judgment Dates: 2 December 2008

Catchwords

European Community - Trade marks - Community trade mark - Examiner refusing to register FUN as Community trade mark - Second Board of Appeal upholding examiner's decision on basis of lack of distinctive and descriptive character - Whether Board of Appeal erring - Council Regulation (EC) 40/94, art 7(1)(b) and (c).

The Case

European Community Trade marks. Court of First Instance of the European Communities: The Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) had erred in finding that the word mark FUN was descriptive within the meaning of art7(1)(c) of Council Regulation (EC) 40-94 (on the Community trade mark) and, that it did not have distinctive character within the meaning of art7(1)(b) of the Regulation.

Practice Areas

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