Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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WEDNESDAY, 28 SEPTEMBER 2011
SCOMBER MIX Community trademark : General Court says Go Fish
In Case T-201/09, the General Court upheld the decision of the Board of Appeal which held that SCOMBER MIX is descriptive for Class 29 goods including ‘fish foodstuff’. SCOMBER is a genus of ocean-dwelling mackerels as well as the Latin scientific name being known and used by the specialized public trading in this sector; thus it cannot be monopolized.
Further the mere adjunction of ‘MIX’, a descriptive term, will be understood in most EU languages. As noted by the Board, the term ‘scomber’ is similar to the Italian word ‘sgombro’, meaning mackerel, and will be perceived immediately as one of the characteristics of the goods.
Posted by: Laetitia Lagarde @ 16.19
General court, absolute grounds, scomber, mix,
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