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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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MONDAY, 21 NOVEMBER 2011
General Court: Restore lacks distinctive character

In Case T-363/10, the General Court confirmed that RESTORE cannot be registered according to Article 7 (1) (c) CTMR because it is descriptive for Class 10 goods ‘surgery and medical instruments and apparatus; stents; catheter; insertion guide’.

The relevant public is the English-speaking specialized medical consumer for whom the applied for CTM constitutes a purely material and banal indication of the function of the goods and not an industrial origin. Indeed, the dictionaries define among others the verb ‘restore’ as meaning “re-establish (a previous right, practice or situation)” or “ to return someone to an earlier good condition or position”. Thus for this kind of goods which are used to restore the health of a hurt person or animal, this CTM application is descriptive.

Posted by: Laetitia Lagarde @ 20.45
Tags: General court, absolute grounds, restore, medical,
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