Source: All England Reporter
Publisher Citation: [2009] All ER (D) 163 (Jan)
Court: Court of First Instance of the European Communities (Second Chamber)
Judge:

Judges Pelikanova (President), Jurimae (Rapporteur) and Soldevila Fragoso
Judgment Dates: 20 January 2009

Catchwords

European Community - Trade marks - Community trade mark - Examiner refusing to register word sign OPTIMUM - Second Board of Appeal dismissing appeal - Whether Second Board of Appeal erring - Council Regulation (EC) 40/94, art 7(1).

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 been correct to find that the word sign OPTIMUM was devoid of the minimal distinctive character required for registration as a Community trade mark.

Practice Areas

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