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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
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FRIDAY, 24 JANUARY 2014
General Court: NORWEGIAN GETAWAY or BREAKAWAY not distinctive

In Cases T-513/12 and T-514/12, NCL Corporation Ltd applied for registration of two signs NORWEGIAN GETAWAY and NORWEGIAN BREAKAWAY for Class 39 services “ cruise ship organization; cruise ship services; trip organizations; excursions and cruises”.

OHIM rejected the application on the grounds that NORWEGIAN is descriptive for the destination of the services and the expressions “GETAWAY” and “BREAKAWAY” refer to “small vacation or holidays” or a “time off/leave from routine or tradition” and thus are descriptive for the nature of the services.

The General Court dismissed the appeal and confirmed that the applied for signs cannot be registered according to Article 7 1) b) and c) CTMR because they lack distinctive character.

Posted by: Laetitia Lagarde @ 18.16
Tags: General court, absolute grounds, norwegian, holidays,
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