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TUESDAY, 17 JANUARY 2012
Atrium in General Court
In Case T-513/10, the General Court confirmed that the word mark ATRIUM cannot be registered on the grounds that it is descriptive for goods in Classes 19 and 27. The Latin word atrium referred to the open central court, from which the enclosed rooms led off, in the type of large ancient Roman house and today in modern architecture refers to ‘a large open space, often several stories high and having a glazed roof and/or large windows, often situated within a larger multistory building and often located immediately beyond the main entrance doors’.
Therefore, the word Atrium informs directly the public of the goods protected by the mark such as‘construction materials’ or ‘floor coverings’ can be used for building or installing an atrium. There is a sufficiently direct link between the applied for mark and the destination of the goods, thus the Board of Appeal rightly held that it has a descriptive character in the meaning of Article 7 (1) (b) CTMR.
Posted by: Laetitia Lagarde @ 17.49
General Court, Atrium, Absolute grounds,
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