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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WEDNESDAY, 6 AUGUST 2014
Wash &Coffee in General Court
In case T-5/12, BSH Bosch und Siemens Hausgeräte GmbH applied for the word mark Wash & Coffee for the following services: Class 37 Renovation of clothing, linen ironing, cleaning of clothing, washing of linen, rental of cleaning machines, rental of washing and drying machines, including within the framework of laundrette services and Class 43 Providing of food and drink; outside catering;including the aforesaid services in the form of party services; temporary accommodation.
OHIM rejected the application on the grounds that it lacked distintictive character according to Article 7 (1) b) CTMR.
The General Court confirmed that conclusion: for the average English-speaking consumer, the words “wash” and “coffee” refer to the descriptive nature of the services either in Class 37 or 43. The consumer will understand that the laundry services are accompanied by an offer for coffee. The fact that the consumer may never have faced such services does not prevent him from understanding the promotional nature of the slogan “Wash&coffee”, since the public is used to all kind of combined services. Therefore, there is no element which will allow the consumer to memorize the expression as a particular commercial origin.
For an alternative laundrette service in Italy, see wash bubble bar
Posted by: Laetitia Lagarde @ 15.49
General court, absolute grounds, wash, coffee, laundry services,
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