Source: All England Reporter
Publisher Citation: [2002] All ER (D) 120 (Oct)
Court: Court of First Instance of the European Communities (Second Chamber)
Judge:

Judges Moura Ramos (President), Pirrung and Meij

Judgment Dates: 9 October 2002

Catchwords

European Community - Trade marks - Community trade mark - UltraPlus - Absolute grounds for refusal - Descriptive character - Distinctive character - Council Regulation (EC) No 40/94, arts 7(1)(b), 7(1)(c).

The Case

The applicant's application to the European Court of First Instance in respect of its allegations of infringement of arts7(1)(b) and 7(1)(c) of Council Regulation (EC) No 40-94, was allowed as the Board of Appeal failed to relate its analysis to the applicant's goods and failed to establish that the term to be registered had been commonly used in relation to the applicant's product.

Practice Areas

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