Source: All England Reporter
Publisher Citation: [2002] All ER (D) 141 (Sep)
Court: Court of First Instance of the European Communities (Fourth Chamber)

Judges Vilaras (President), Tiili and Mengozzi

Judgment Dates: 25 September 2002


European Community - Trade marks - Community trade mark - Examiner refusing to register mark consisting of a green rectangle of colour reference Pantone 369c above a grey rectangle of colour reference Pantone 428u on ground that combination devoid of distinctive character - Examiner's decision upheld by Board of Appeal - Whether proposed mark devoid of distinctive character - Council Regulation (EC) 40/94, art 7(1)(b).

The Case

A juxtaposition of two colours, represented by a green rectangle, of colour reference Pantone 369c, above a grey rectangle, of colour reference Pantone 428u, was not unusual and not arranged in a specific way. It was devoid of any distinctive character in relation to goods in Class7 (effectively gardening products) of the Nice Agreement and therefore not eligible for registration as a Community trade mark pursuant to art7(1)(b) of Council Regulation (EC) 40-94.

Practice Areas

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