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, 15 DECEMBER 2011
General Court: MIXFRONT, VORFRONT, INFRONT
In cases T-425/10, T-531/10, T-166/11, the applied for signs MIXFRONT, VORFRONT and INFRONT were rejected for registration on absolute grounds for goods in Classes 6, 7, 19 and 20 on the grounds of Article 7 (1) (c) CTMR.
The relevant public is the specialized consumer, such as a furniture producers or carpenters, as well as the average consumer interested in Do-It –Yourself (DIY) who speaks German.
The registered goods belong to the construction sector, carpentry or furniture, and consist of, among others, construction materials, fittings for furniture, doors and sliding doors, as well as hinges for furniture, parts and fasteners therefor of common metals and various materials and parts for locks and bolds.
For the relevant public “vor” will be understood as ‘in front of’, ‘mix’ and ‘in’ being simple English words being understood too, and together with ‘front’ the signs will be perceived as “something located (in front of, in, mixed) with the front part of something else”. Therefore, the signs will be perceived as an indication of the use of the goods when assembling furniture and furthermore, the Applicant recognized that in the furniture industry, these terms were used commonly to refer to a certain type of assembling.
Posted by: Laetitia Lagarde @ 10.18
general court, absolute grounds, infront, vorfront, mixfront,
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