Log in


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.

Want to receive Class 46 by email?
Click here subscribe for free.

Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
General Court: your lines are pretty, not distinctive


The Portuguese company Rosenruits sought to register the above depicted figurative mark (pocket of a jeans or trousers) for clothing, shoes and bags. The Court, like the examiner and the Second Board of Appeal before it, had none of it. It found that "the mark in question does not have any characteristic element, nor any memorable or eye-catching features likely to confer a minimum degree of distinctive character and enabling the consumer to perceive it otherwise than as a typical decoration of a pocket for goods in Classes 18 and 25."

Seems straightforward for clothing, in particular jeans. But pockets on shoes, sandals, slippers, trunks, umbrellas (all claimed in classes 18 and 25)? The applicant may not have profited much from a mark for shoes, but should the Court not have been a bit more discerning as far as the goods were concerned? After all, this would be a fairly unusual and distinctive sign if found on a shoe, no?


Posted by: Mark Schweizer @ 11.25
Tags: general court, absolute grounds for refusal, position mark,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA2034
Reader Comments: 0
Post a Comment

MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.

The Class 46 Archive








+44 (0)116 2747355

9 Cartwright Court, Cartwright Way
Bardon, Leicestershire
LE67 1UE


Ingrid de Groot
Internal Relations Officer
Alessandra Romeo
External Relations Officer
James Nurton
Newsletter Editor
Robert Harrison

Signup for our blogs.
Headlines delivered to your inbox