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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THURSDAY, 14 JULY 2011
TRUE WHITE: Cree's action blown in General Court
In Case T-208/10, the Court confirmed that TRUEWHITE is directly descriptive of the nature (white) and quality (true, meaning natural) of the light produced by some last generation LEDs. The consumer will deduce automatically that the goods are conceived to produce a white light, analogous to the natural white light.
Therefore, according to Article 7 (1) (c) CTMR, the sign TRUEWHITE cannot be registered for Class 9 -Light emitting diodes (LEDs) and Class 11-Light fixtures. The GC rejected the Applicant’s argument that it wished to limit the list of the goods to ‘colour LEDS, excluding white LEDs’, because accepting to consider this new argument would change the object of the proceedings.
Posted by: Laetitia Lagarde @ 17.22
General court, absolute grounds, true white,
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