Source: All England Reporter
Publisher Citation: [2011] All ER (D) 55 (Jan)
Court: General Court of the European Union (Fifth Chamber)
Judge:

Judges Papasavvas (President), Vadapalas (Rapporteur) and O'Higgins

Judgment Dates: 16 December 2010

Catchwords

European Union - Trade marks - Registration - Descriptive character - Application for registration of word sign CHROMA - Application being refused on ground word sign descriptive - Whether absolute ground for refusal on basis of descriptive nature of word sign - Council Regulation (EC) 207/2009, art 7(1)(c).

The Case

European Union Trade marks. The General Court of the European Union dismissed the applicant's appeal against the respondent's decision that registration of the word sign CHROMA was barred by operation of art7(1)(c) of Council Regulation (EC) 207-2009 (on the Community trade mark) , where, on the facts, the respondent had been correct to find that the word sign was 'descriptive' and therefore could not be registered under art7(1)(c).

Practice Areas

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