CLASS 46
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.
Click here subscribe for free.
Who we all are...
THURSDAY, 10 MARCH 2011
Court of Justice speaks on registrability of signs composed exclusively of numerals
The Polish company Agencja Wydawnicza "TECHNOPOL" Spólka z o.o. from Czestochowa is one of the biggest Polish publishers in the field of printed publications including charades and crosswords. TECHNOPOL tried to register the word sign 1000 as the CTM (application no. 004372264) for goods in class 16 such as posters, placards, brochures, periodicals, including periodicals containing crossword puzzles and rebus puzzles, printed matter, newspapers, in Class 28 such as brain teasers, riddles, puzzles, and in Class 41 for services such as organising contests, publishing texts.
OHIM refused the application for registration for the goods in Class 16. TECHNOPOL filed complaint to the CFI. The Court in its judgment of 19 November 2009 Case T-298/06 dismissed the case and ruled that the figure 1000 is descriptive of the goods covered by the application for registration. TECHNOPOL logged an appeal to the Court of Justice. According to the press release No 19/11 of 10 March 2011, the CoJ dismissed Technopol’s appeal (Case C-51/10 P Agencja Wydawnicza Technopol sp. z o.o. v OHIM). The Court ruled that:
Tags: CoJ, OHIM, numerals as trade marks, Art. 4 CTMR, Art. 7 CTMR, Art. 12 CTMR,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA2287
Court of Justice speaks on registrability of signs composed exclusively of numerals
The Polish company Agencja Wydawnicza "TECHNOPOL" Spólka z o.o. from Czestochowa is one of the biggest Polish publishers in the field of printed publications including charades and crosswords. TECHNOPOL tried to register the word sign 1000 as the CTM (application no. 004372264) for goods in class 16 such as posters, placards, brochures, periodicals, including periodicals containing crossword puzzles and rebus puzzles, printed matter, newspapers, in Class 28 such as brain teasers, riddles, puzzles, and in Class 41 for services such as organising contests, publishing texts.
OHIM refused the application for registration for the goods in Class 16. TECHNOPOL filed complaint to the CFI. The Court in its judgment of 19 November 2009 Case T-298/06 dismissed the case and ruled that the figure 1000 is descriptive of the goods covered by the application for registration. TECHNOPOL logged an appeal to the Court of Justice. According to the press release No 19/11 of 10 March 2011, the CoJ dismissed Technopol’s appeal (Case C-51/10 P Agencja Wydawnicza Technopol sp. z o.o. v OHIM). The Court ruled that:
one of the public interests underlying the Regulation on the Community trade mark is that of ensuring that descriptive signs relating to one or more characteristics of goods or services in respect of which registration as a mark is sought may be freely used by all traders offering those goods or services.Such an interpretation allows for the registration of numerals as trade marks, however certain conditions have to be met. Posted by: Tomasz Rychlicki @ 12.14
Secondly, in order for a sign which is composed exclusively of numerals to be refused registration on the ground that it designates a quantity, it must be reasonable to believe that, in the mind of the relevant class of persons, the quantity indicated by those numerals characterises the goods or services in respect of which registration is sought.
Tags: CoJ, OHIM, numerals as trade marks, Art. 4 CTMR, Art. 7 CTMR, Art. 12 CTMR,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA2287
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
