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Research and Production Company « Melt Water » trademarks rejected by General Court
In Cases T-69/14
and T-70/14, the General Court rejected both appeals from Lithuanian water
producer for its figurative and 3D CTM applications for Class 32 goods.
As regards the
figurative mark, the relevant English-speaking consumers who will face the
verbal elements "melt water" and "original", will understand
immediately and certain that the products covered are based of melted natural water
and pure ice, including from glaciers, or that their content is made out of
melted water. Furthermore, concerning the figurative elements of the mark, it
was observed that they do not strike the public as particular nor distinctive.
Therefore the sign was rejected on the basis of Article 7 (1) b) and c) CTMR.
Regarding the 3D
mark (see below), OHIM and the Court found that most bottles sold on the market had a
cylindrical shape with a narrowing in the upper part. The narrowing of a bottle
neck level is only a variant of the classic shape of a bottle. It concluded
that the mark was devoid of distinctive character under Article 7 1 b) CMTR.
Tags: General Court, melt water, 3D mark, shape of bottle,
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