MONDAY, 12 OCTOBER 2009
Is ANDROID descriptive of computers and mobile devices?
Class 46 has heard from Richard Milchior (Granrut Avocats) that the decision of the Court of First Instance in Case T-319/09 Google v OHIM (ANDROID) is to be appealed to the Court of Justice of the European Communities as  Case C-244/25.

In short, Google applied to register as a Community trade mark the word ANDROID in respect of

'computer hardware and computer software for use in connection with mobile devices, namely cell phones, mobile phones, smart phones and handheld personal digital assistants (PDAs)'.

The Board of Appeal, with which the Court of First Instance agreed, considered that the mark was descriptive and could not accordingly be registered for those goods. Class 46 awaits the outcome of this appeal with great interest,

Posted by: Jeremy Phillips @ 16.42
Tags: ECJ, descriptivensss,
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