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, 25 JULY 2011
Evonik Industries: appeal rejected
In case T-499/09, the General Court confirmed that the figurative trademark ‘crimson rectangle with a convex side’ lacked distinctive character for all the goods and services in Classes 1 to 45, the purple /crimson colour being “simple and common”, the geometric shape is usual.
The average consumer does not have a high degree of attention for colours and this sign being used as a background on tags cannot be considered a figurative trademark, but as decorative element which cannot serve to identify a specific commercial origin. The documents submitted by the Applicant regarding its participation to the ‘Print wirkt’ campaign do not give any information about the extent of use of the sign nor the perception of the relevant public as a trademark.
Posted by: Laetitia Lagarde @ 10.49
general court, absolute grounds, colour mark,
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