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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SATURDAY, 31 AUGUST 2013
General Court:LEAN PERFORMANCE INDEX
In Case T-598/11, OHIM partly granted registration for the
word mark LEAN PERFORMANCE INDEX for goods and services in Classes 9,16 and 42 and refused
it for services in Class 35.
The General Court dismissed the appeal and found that for
the specialized public composed of business management professionals, the
expression LEAN PERFOMANCE INDEX refers to a special work method aiming at increasing
performance of companies by eliminating superfluous work levels in various fields
such as business management, workforce management or stocks.
This production method is sometimes referred to as “lean
production” or “Toyota principle” is therefore directly descriptive of the
services in question. Further it represents a purely promotional message and
also lacks distinctive character. Thus, the CTM application is contrary to Article 7 (1) b)
and c) of the CTMR.
Posted by: Laetitia Lagarde @ 13.20
General Court, absolute, grounds, lean performance index,
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