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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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FRIDAY, 6 MAY 2011
Smart Technologies - CTM filing not made simple

In Judgment T- 523/09, the phrase WIR MACHEN DAS BESONDERE EINFACH, which can be translated by ‘we make special (things) simple’, was rejected on the grounds that it lacked distinctive character for goods in Class 9.

Given the technical nature of the computer goods covered by the trade mark application, the relevant public is made up of German speakers who are specialists in the computer field.

The mark applied for is an advertising slogan which conveys to the relevant public the laudatory message that the computer goods covered by the application make something specialised or complicated simple.

As observed by the Board of Appeal, that slogan follows German rules of syntax and grammar and contains no unusual variations in that regard.

Posted by: Laetitia Lagarde @ 08.44
Tags: Distinctive character, General Court, slogan,
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