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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
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
TUESDAY, 5 FEBRUARY 2013
General Court: Perlé not distinctive for wine

In Case T-104/11, Ferrari F.lli Lunelli SpA (Italy) applied for the protection of the figurative CTM for goods in Class 33 “wines, spirits, liquors, sparkling wines, alcoholic extracts”

The General Court upheld the finding by OHIM that the relevant public was composed of traders and wine consumers, that is of some specialists and the general public, who speak French and English . The expression “perlé wine” belongs to both languages and refers to “slightly sparkling wine”, which is substantially identical to the applied for CTM except for the final apostrophe which is very similar to the French accent “´é”.

Thus the term is descriptive and lacks distinctive character according to Article 7(1) (b) and (c) CTMR for the relevant public. That word is already readily present on Internet and non specialist dictionaries so it will become known soon to the rest of the general public.

Finally , the Applicant did not submit enough evidence of acquired distinctiveness because it filed proof only regarding to UK and France but not for the rest of the relevant French and English speaking jurisdictions, ie: Benelux , Ireland and Malta.

Posted by: Laetitia Lagarde @ 23.06
Tags: General court, absolute grounds, perle wine,
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA3103

MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


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