CLASS 46
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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.
Tags: ECJ, descriptivensss,
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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: Blog Administrator @ 16.42Tags: ECJ, descriptivensss,
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Reader Comments: 2
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Submitted By:
13 October 2009 @ 17.10
Although I must agree with the OHIM's assessment, in all fairness, I have to also say that Google's "ANDROID" trade mark has probably acquired distinctiveness by now, for the goods in question.
13 October 2009 @ 17.10
Although I must agree with the OHIM's assessment, in all fairness, I have to also say that Google's "ANDROID" trade mark has probably acquired distinctiveness by now, for the goods in question.
Submitted By:
14 October 2009 @ 10.52
The etymology of 'android' stems from the Greek and is a combination of "man" and a suffix meaning "of the species; alike": an 'android' is a construct designed to look and act like a human, and is absolutely not limited to computer/IT hardware-driven embodiments (e.g. mechanical 'automatons' of the late 1800s/early 1900s answer the definition of an 'android'). In that context, I am singularly failing to see how 'android' could be construed as descriptive of the goods listed in the specification. One wonders whether Members of the BoA/CFI are avid Blade Runner fans and can only conceive of 'andoids' as (particularly elaborate) "computer hardware"? I will echo the previous poster's comment in relation to acquired distinctiveness, Android is by now fairly ubiquitous in mobile telephony circles.
14 October 2009 @ 10.52
The etymology of 'android' stems from the Greek and is a combination of "man" and a suffix meaning "of the species; alike": an 'android' is a construct designed to look and act like a human, and is absolutely not limited to computer/IT hardware-driven embodiments (e.g. mechanical 'automatons' of the late 1800s/early 1900s answer the definition of an 'android'). In that context, I am singularly failing to see how 'android' could be construed as descriptive of the goods listed in the specification. One wonders whether Members of the BoA/CFI are avid Blade Runner fans and can only conceive of 'andoids' as (particularly elaborate) "computer hardware"? I will echo the previous poster's comment in relation to acquired distinctiveness, Android is by now fairly ubiquitous in mobile telephony circles.
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