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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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Anthonia Ghalamkarizadeh
Birgit Clark
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Christian Tenkhoff
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FRIDAY, 16 DECEMBER 2011
General Court: no Swiss exception

In case T-377/09, the General Court upheld the decision of OHIM who refused to register PASSIONATELY SWISS for goods and services in Classes 16, 35, 41, 43 and 44. The relevant consumer is the English–speaking public. The OHIM does not have jurisdiction to examine the validity of a sign for the Swiss public outside of the EU.

The applied for CTM contains an indication of origin and is also descriptive of the quality of goods and services usually recognized as a good quality from Switzerland , and thus contrary to Article 7(1) (c) of the CTMR. The expression is conform to the English grammatical rules and is similar to others such as “strongly Swiss”, “extremely Swiss”, "resolutly Swiss" which are not uncommon or fancy

The Board of Appeal further held that the sign was only made of a laudatory and promotional message and could not be registered according to Article 7(1) (b) CTMR, the Applicant had itself recognized the positive image of the geographic name of Switzerland.

Posted by: Laetitia Lagarde @ 10.42
Tags: General court, absolute grounds, passionately swiss,
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