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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FRIDAY, 27 DECEMBER 2013
General Court: MATRIX-ENERGETICS
In case T-313/11, Gunter Heede applied for registration of the Community trademark MATRIX-ENERGETICS for the following services in Class 35 "Advertising; advertising on the Internet, for others;rental of advertising space on the Internet, presentation of others, in particular companies, on the Internet.", Class 41 "Providing of training and further training; congresses (arranging and conducting of );arranging and conducting of seminars and workshops, in particular in the field of health, including on the subjects of physical, mental and anatomical wellbeing, meditation, spirituality, self-awareness, intuition and awareness development." and Class 44 "Hygienic and beauty care, in particular to enhance physical, emotional and metal wellbeing and health."
The General Court confirmed OHIM's refusal to register the word mark on the basis of Article 7(1) b) and c) of CTMR. The expression is descriptive for both the professional and average consumer because it is perceived as an alternative therapy for disease prevention (aka prophylaxis), used particularly in Germany or Austria.. Therefore, the applied for mark is descriptive for all the services to all these alternative therapies, such as advertisement or seminars. Thus, the mark also lacks distinctive character.
Posted by: Laetitia Lagarde @ 14.45
General Court, EU, absolute grounds, matrix, energetics,
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