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General Court: GreenWorld is not distinctive

In  Case T-106/4, Universal Utility International GmbH & Co. KG applied for the word CTM GREENWORLD for the following goods and services :

Class 4: ' Gas fuels; fuels; electric power; gas for lighting ";  -Class 35: ' retail Internet services in the areas of fuels and fuels; retail services in the areas of fuels and fuels; obtaining contracts with energy suppliers ";  -Class 39: ' Transmission and transmission of electrical energy, heat , gas or water; consumer supply through delivery of electricity, heat, gas or water ; distribution of electricity; distribution of energy; gas distribution

The mark is composed of two juxtaposed English words : "green" does not only mean "green" but can also refer to the ecological character and combined with the other component "world,  which is grammatically correct, it does not outweigh the significance of the two words.

Therefore OHIM and the General Court confirmed that the mark had a clear descriptive meaning and merely describe the fact that the products and services contribute generally to the protection of environment.

Thus the mark is descriptive within the meaning of Article 7, paragraph 1 c) of Regulation No 207/2009, and it is also devoid of any distinctive character within the meaning of Article 7, paragraph 1 b) of CTMR.

Posted by: Laetitia Lagarde @ 15.22
Tags: General court, absolute grounds; greenworld,
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