Source: All England Reporter
Publisher Citation: [2002] All ER (D) 114 (Aug)
Court: Court of First Instance of the European Communities (Second Chamber)
Judge:

Judges Moura Ramos (President), Pirrung and Meij

Judgment Dates: 2 July 2002

Catchwords

European Community - Trade marks - Community trade mark - Compound mark - Examiner refusing to register 'SAT.2' as a Community trade mark - Examiner's decision upheld - Absolute grounds for refusal - Whether mark exclusively descriptive - Whether mark having distinctive character - Whether Board of Appeal departing from previous decisions and infringing principle of equal treatment - Council Regulation (EC) 40/94, art 7.

The Case

The Court of First Instance of the European Communities annulled, in part, a decision of the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in so far as it failed to rule on the appeal before it and in so far as it declared that services relating to a database within Class 38, Class 41 and Class 42 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks as incompatible with art7(1)(b) of Council Regulation (EC) 40-94 (on the Community trade mark).

Practice Areas

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