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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MONDAY, 23 MAY 2011
Diagnostic: YGEIA is not a valid trademark
In Judgment T-7/10, the GC confirmed that ‘υγεία ‘ (health) is descriptive of the intended purpose for ‘medical services’ and cannot be registered according to Article 7 (1) c) CTMR.
The GC rejected the new evidence presented for the first time aimed at proving acquired distinctiveness (in the meaning of Article 7(3)CTMR) of the hospital services named “YGEIA”. The examiner had made it clear that the relevant consumer was comprised of the Greek-speaking public, and the applicant failed to present evidence regarding Cyprus before OHIM; the abstract argument regarding the social-politic, cultural and economic links, does not imply in itself that such trademark has acquired distinctive character in both the Hellenic Republic and Cyprus Republic.
Posted by: Laetitia Lagarde @ 18.49
General court, distinctive character, greece, ygeia,
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