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Revocation of Whirlpool’s French 3D trademark

Just published is a decision of the Court of First Instance of Paris dated March 16, 2010, which ruled the revocation of Whirlpool’s French 3D trademark (shown below). Whirlpool was suing Kenwood for trademark counterfeiting and Kenwood said the mark lacked of distinctiveness.

The Court said that the overall shape of the mark did not significantly move away from the … Read the rest


Color trademark of socks toe refused to registration

The General Court confirmed on June 15, 2010, the previous findings that the figurative trademark shown below and consisting in orange coloring of the toe of a sock could not be registered in class 25 for ‘clothing, namely hosiery, socks and stockings’ because it lacked distinctiveness.

The General Court said that the category of ‘positional marks’ raised by the … Read the rest


It’s raining “numerals” but none get registered

On November 19, 2009, the European Court of First Instance rejected from registration Community trademark applications for the numerals 150, 250, 350, 222, 333 and 555 (for “periodicals, books, games brochures” in class 16), the numeral 1000 (for “brochures, periodicals containing crossword puzzles and rebus puzzles, newspapers” in class 16) as well as  the word and device trademarks containing the … Read the rest



Court of First Instance of the European Communities – September 23rd 2009

On September 23rd 2009, the Court of First Instance of the European Communities confirmed the refusal of registration of the Community Trademark Application UNIQUE designating classes 9, 35 and 38 due to its common and laudative character.

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Publication trademarks and borderline distinctiveness

In three cases with similar circumstances, the judges took opposite directions. On October 10, 2008, the Paris Court of First Instance ruled that CUISINE EXPRESS (express cooking) was descriptive of publication content on short order cooking. O

n October 22, 2008, the same Court decided that LE MARCHE DU TRAVAIL (labor market) was evocative of a journal relating to job Read the rest