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.
Who we all are...
FRIDAY, 21 MARCH 2014
General Court: PALMA MULATA and genuine use
In Case T-381/12, Tecnoazucar (Cuba) owned the trademark PALMA MULATA for Class 33 “Rum”.
A revocation action for non-use was brought by 3 Spanish Applicants (the “Canelos”) on the grounds of Article 51 (1)a) CTMR. The Cancellation Division and Board of Appeal rejected the action finding that there was sufficient proof of genuine use for ‘rum’ for the relevant period and territory-although use had been demonstrated for the following figurative signs:
The General Court dismissed the appeal, confirming that the additional word elements ’ron’ and ‘cuba’ being descriptive are secondary, the figurative elements representing the bust of a woman or the light stylization of the words ‘PALMA’ and ‘MULATA’, did not alter the distinctive character of the word sign PALMA MULATA (found in the same order on the labels), in accordance with Article 15 (1) a) CTMR.
Posted by: Laetitia Lagarde @ 15.53
General Court, genuine use, palma mulata,
Sharing on Social Media? Use the link below...
Reader Comments: 0
Post a Comment
MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.
The Class 46 Archive