Source: All England Reporter
Publisher Citation: [2002] All ER (D) 111 (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 - Examiner refusing to register abstract design for application to the surface of glass products as Community trade mark - Whether proposed mark lacking distinctive character - Whether Board of Appeal infringing applicants right to a hearing - Council Regulation (EC) 40/94, arts 7(1)(b), 7(3).

The Case

The Board of Appeal had infringed the applicant's right to a hearing by raising new objections for the first time in its decision rejecting an appeal against the examiner's decision, which had rejected an application for a community trademark.

Practice Areas

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