Log in

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.

Want to receive Class 46 by email?
Click here subscribe for free.

Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
THURSDAY, 11 DECEMBER 2014
Life in General Court is like a box of chocolates

In case T-440/13 "Millano" Krzysztof Kotas had applied for the following 3D mark  for Class 30 “box of chocolates”

 Image not foundImage not found

OHIM and the General Court rejected the mark because it does not significantly diverge from the norms of the sector.
As the Board of Appeal noted, it is common knowledge that the simplified geometric forms are generally used as forms for chocolate products and, therefore, the cubes/squares that are a feature of the mark do not diverge significantly from the norm or customs of the sector. Regarding the element which represents a mould or a tin,  the Board of Appeal rightly found that it is a usual mode of presentation of a set number of chocolate squares and the presentation of chocolates in a medium with extruded hollow to accommodate them, in three parallel rows of six chocolates, was mundane and ordinary. In its overall assessment of the mark, the Board of Appeal correctly concluded the lack of distinctiveness.

Therefore, the applied for CTM lacks distinctive character according to Article 7 (1) b) CTMR and the applicant did not bring forward any evidence to the contrary, for example that no other chocolates producers make boxes with such shape for their goods. 

Posted by: Laetitia Lagarde @ 11.01
Tags: general court, absolute grounds, box, chocolates,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA3950
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






 

 

 

 

 

 


CONTACT

info@marques.org
+44 (0)116 2747355
+44 (0)116 2747365
POST ADDRESS

Unit Q, Troon Way Business Centre
Humberstone Lane, Leicester
LE4 9HA

EMAIL

Ingrid de Groot
Internal Relations Officer
ingrid.de.groot@marques.org
Alessandra Romeo
External Relations Officer
aromeo@marques.org
James Nurton
Newsletter Editor
editor@marques.org
Robert Harrison
Webmaster
robertharrison@marques.org
BLOGS

Signup for our blogs.
Headlines delivered to your inbox