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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THURSDAY, 29 SEPTEMBER 2011
PASSION FOR BETTER FOOD lacks distinctiveness in Luxembourg
In Judgment T-251/08, the General Court confirmed the decision of the OHIM rejecting the registration of the expression PASSION FOR BETTER FOOD for Classes 5, 29 and 30 goods on the grounds of Article 7(1) (b) CTMR.
For the English speaking public, the slogan gives a clear message of passion for higher quality foodstuff and creates a conceptual link between the goods and the slogan, containing nothing particularly striking or surprising to remain coined in the consumer’s memory, who has a low degree of attention. Thus the trademark is not distinctive and cannot fulfill a function of indication of origin.
Posted by: Laetitia Lagarde @ 12.32
General court, absolute grounds, passion for better food,
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