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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WEDNESDAY, 17 OCTOBER 2012
General Court: CLIMA COMFORT
In Case T-371/11, the General Court confirmed the OHIM’s decision to refuse the registration for the CTM application CLIMA COMFORT for the goods in Class 17 “Heat insulating sheets for the roofing sector, Insulating materials” on the grounds that it was contrary to Article 7 (1) (b) and (c) of CTMR.
The relevant public is composed of the average consumer who builds or renovates its home as well as the specialized public who works in this field. In German, the terms will be understood as a reference to the words ‘Klima’ and ‘komfort’ and are descriptive for the goods which help to create a comfortable and nice interior. Indeed, insulating material is used to impede the exchange of heat between closed inside space and the exterior world, as well absorb or restitute air humidity.
In these conditions, the consumer will perceive the applied for CTM as referring to a laudatory expression helping to create a nice and comfortable environment. Therefore the sign is not distinctive because there is a direct link with the goods at hand .
The BoA did not violate Article 75 (2) and 76 (1) CTMR by basing its decision on an incorrect factual decision , about the supposed conductivity capacity of insulating material for humidity when this term refers to the possibility to transfer heat or electricity, since this technical particularity was cited as one example by the Board of Appeal for refusing registration and did not violate the right of the parties to be heard.
Posted by: Laetitia Lagarde @ 13.25
general court, absolute grounds, clima comfort,
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