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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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Who we all are...
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
THURSDAY, 31 OCTOBER 2013
Delphi appeals to Europe's oracle
Back in June, Class 46 blogger Laetitia posted this note on Case T-515/11 Delphi Technologies Inc., in which the General Court upheld the decisions of the OHIM examiner and the Board of Appeal that the word mark "Innovation for the real world" was unregistrable for various goods in Classes 7, 10 and 12: the slogan lacked distinctive character and would in any event be taken as a laudatory puff rather than as a trade mark.

Class 46 has since learned that this case is being appealed to the Court of Justice of the European Union, where it will be rebadged as Case C-448/13 P.  We hope that the CJEU will not be giving one of its more oracular pronouncements ...
Posted by: Blog Administrator @ 09.09
Tags: CJEU, appeal, distinctive character,
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