CLASS 46
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SUNDAY, 20 MARCH 2011
5 HTP not a valid CTM
Tags: 5 HTP, chemical nomenclature, General Court,
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5 HTP not a valid CTM
In Judgment T-190/09, the General Court confirmed the Board’s decision that cancelled th
e 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.
Tags: 5 HTP, chemical nomenclature, General Court,



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