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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WEDNESDAY, 13 APRIL 2011
Behavioural Index descriptive in the investors' market
In joint Judgments T-310/09 and T-383/09, the General Court confirmed the Grand Board of Appeal and 1st Board of Appeal’s decisions that trademarks BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX are an immediate, direct and easily understandable indication of the nature and intended purpose of the goods and services in Classes 9 and 36. The juxtaposition is neither novel nor imaginative in the sphere of software and finance; it is a well-known fact that such a psychological analysis of human, social and cognitive factors may be carried out in the financial sector with a view to understanding, explaining, interpreting or predicting decisions made by consumers, borrowers, managers or investors, which affect stock market prices, returns and the allocation of resources.
Posted by: Laetitia Lagarde @ 19.55
General Court, Absolute grounds,
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