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, 4 JULY 2011
DYNAMIC HD: convert to trademark failed
In case T-463/08, the General Court confirmed that DYNAMIC HD cannot be registered as a CTM because it lacks distinctiveness according to Article 7 (1) (b) CTMR.
For the services applied for in Classes 35, 38, 41 and 42 which are directed at the average consumer as well as professionals, the sign will be perceived as a generic term referring to a specific means of technology such as “VHS, CD, DVD, HD-DVD and Blu-ray”; ‘DYNAMIC’ refers to the concepts of strong, efficiency, development and progress, which is a sought-after function in this market whereas ‘HD’ in the electronics and broadcasting sector refers to the norm ‘High definition’.
Further, the Applicant which claimed that it had 100% of the market share when it applied for the CTM registration, without adducing any actual proof for these numbers, did not fulfill the burden of proving acquired distinctiveness in the meaning of Article 7 (3)CTMR.
Posted by: Laetitia Lagarde @ 15.20
general court, absolute grounds, dynamic hd,
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