Accueil / Distinctiveness

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OKAY

On January 17, 2007, the CFI rejected a trademark application for an embossing of kitchen towels in classes 16 and 21 as consumers would either regard the embossing as referring to the absorption properties of the products or consider it as purely made for aesthetic or decorative purposes. The sign that was applied for was…

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« Argus de l’automobile »

    On January 23, 2007, the French High Court rejected an unfair competition action initiated by the publisher of the « Argus de l’automobile » magazine (i.e. « glass’s guide ») against the domain name argus.fr. The Court considered that ARGUS is a usual term. Despite the great success of the magazine and all the investments that were…

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Color shades

Despite the keys given by the European Court of Justice on May 6, 2003, most of the color shades applied for are, without specific circumstances, rejected for lack of distinctiveness or misrepresentation of the sign. On April, 26, 2006, the Board of Appeal ruled that the orange shade of VEUVECLICQUOT did not have the distinctive…

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Color combinations

The Community decisions concur in requesting a « systematic and constant order and disposal of the colors combined » in the trademark representation. Difficulties arise when the owner’s practice commends to use various configurations. The blue and orange colors mark of GULF OILINTERNATIONAL has been registered in last October for auto racing sponsorship and associated goods. Our…

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SHAPES

Registration is open only to shapes which significantly differ from norms and uses and do not meet any technical function or value. These aspects serve as the basis of most of the OHIM rejection decisions. However, acquired distinctiveness through use is a first solution for the registration to be granted as long as evidence of…

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SMELLS

With the registration of the trademark « FRESH CUT GRASS  » in October 2000, everyone thought the OHIM had started the Community olfactory mark saga but it did not! Later on the Court of Justice and the Court of First Instance did not consider a chemical formula and a combination of a device and words to…

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Sounds

Our sound Community mark No.004901658 filed in an MP3 format has passed through the OHIM examination stage successfully and has now been published. The sign can be heard on the OHIM web site database. To our knowledge, this is the first mark in an MP3 format to be accepted by the OHIM under the new…

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The lego brick partially cancelled

    On July 10, 2006, the Board of Appeals ruled an invalidation claim against the lego brick Community trademark and decided it was not registrable for « construction toys» in Class 28. The Board first considered that each element of the brick was necessary to obtain a technical result in light of several UK…

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