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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.

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Anthonia Ghalamkarizadeh
Birgit Clark
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Christian Tenkhoff
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Yvonne Onomor
SUNDAY, 20 MARCH 2011
5 HTP not a valid CTM

In Judgment T-190/09, the General Court confirmed the Board’s decision that cancelled the trademark 5 HTP for Class 5 goods on the grounds of Article 7(1) d) CTMR. For the general consumer which buys such goods as well as the specialized public, 5 HTP has become customary in the current language or in the bona fide and established practices of the trade because it refers to the abbreviation on the chemical nomenclature of the 5-hydroxytryptophan substance. The lack of a dash between 5 and HTP, as compared to the real abbreviation 5-HTP, is insignificant.

Posted by: Laetitia Lagarde @ 15.41
Tags: 5 HTP, chemical nomenclature, General Court,
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