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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MONDAY, 2 DECEMBER 2013
Red shoe-lace tips appeal heads for CJEU
In Case T-208/12,
Think Schuhwerk GmbH v Office for Harmonisation in the Internal Market, the General Court upheld the ruling of the OHIM Board of Appeal that a Community trade mark application for a mark in respect of which the image shown here was accompanied by the rubric that "The protection is sought for shoes with laces with red tips on the ends of shoelaces".
Posted by: Blog Administrator @ 07.39
CTM, CJEU appeal, registrability,
In the decision under appeal, the Board of Appeal stated that the shoe market was marked by a huge variety of configurations, especially concerning colours and that shoes had the most varied designs, which also included the configuration of laces. It considered that the use of red ends of shoelaces would not produce an impression that would differ greatly from the usual configuration of shoes with laces and that the consumer would not perceive the mark applied as an indication of origin. Accordingly, in the Board's view, the mark applied for did not have the minimum necessary distinctive character under Article 7(1)(b) of Regulation 207/2009.
This decision is now under appeal to the Court of Justice of the European Union as Case C-521/13 P.
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