Source: All England Reporter
Publisher Citation: [2015] All ER (D) 08 (Oct)
Court: General Court of the European Union (First Chamber)

Judges Kanninen (President), Pelikanova and Buttigieg

Judgment Dates: 30 September 2015


European Union - Trade marks - Registration - Refusal of protection - Applicant company obtaining international registration of word mark 'GREASECUTTER' from World Intellecual Property Organisation - Respondent notifying applicant of ex officio provisional refusal of protecton in European Union of mark on basis that mark lacking distinctive and descriptive character - Whether respondent erring - , art 7(1)(c).

The Case

European Union Trade marks. The General Court of the European Union dismissed the action brought by Ecolab USA, Inc., (Ecolab) against a decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM), concerning the international registration designating the European Community of the word mark 'GREASECUTTER' obtained by Ecolab and the refusal of protection of that mark in the European Union.

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