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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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WEDNESDAY, 14 JANUARY 2015
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.

Image not foundAs 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.

 Image not found


Posted by: Laetitia Lagarde @ 13.55
Tags: General Court, melt water, 3D mark, shape of bottle,
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