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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, 14 FEBRUARY 2014
General Court: La Qualite est la meilleure des recettes
In Case T-570/11, Dr. Oetker had applied for the following word mark "La qualite est la meilleure des recettes" (Quality is the best recipe). OHIM rejected on the basis of Article 7 (1) b) CTMR finding it descriptive for the applied for goods in Classes 29, 30 and 32 and that the Applicant had not demonstrated any acquired distinctive character according to Article 7 (3) CTMR.

The applied for sign transmits a complimentary message that the Applicant's company manufactures quality products. Thus, when applied to products in the food sector, it will exclusively be perceived by the average French consumer as a promotional slogan inviting to purchase those goods. Furthermore, it is expressed in daily French words and does not differ from the basic grammar rules.

The General Court dismissed the appeal.

Posted by: Laetitia Lagarde @ 00.24
Tags: General court, absolute grounds, oetker, qualite, recettes, quality, recipe, slogan,
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