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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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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
MONDAY, 6 JULY 2015
Greece: Insurance, kilometers and distictiveness

http://www.motorcycleclassics.com/~/media/Images/MCC/Editorial/Articles/Magazine%20Articles/2012/07-01/Destinations%20The%20Extraterrestrial%20Highway/Extra%20Terrestrial%20Highway.jpg "Insurance by the kilometer" (Asfaleia me to chiliometro) is a recent word TM application in Greece in Classes 35,36,38, which met the refusal of the Greek TM Office. The designated services revolve around advertising in Cl. 35, insurance services in Cl. 36 and telecommunications in Cl. 38.

The Examiner rejected the mark as lacking distinctiveness and being descriptive, on the grounds that it designates insurance services. however, the rejection extended to all 3 classes. In this blogger's mind the threshold of lexical innovation that the Greek TM Office requires for registration was consistently applied (in comparison with the Office's practice). /blogs/class46/image.asp?id=4287

The rejection of the mark for "advertising" and for "telecommunications" is the apparent consequence of the Examiner considering that such services are auxiliary or secondary to the rather obvious business focus of the applicant. Still, it would be better if that was actaully spelled out in the decision (in Greek here).

An appeal before the Trademarks Administrative Committe is available to the applicant.

Posted by: Nikos Prentoulis @ 09.21
Tags: Greece, absolute grounds, distinctive character, car insurance services, kilometer,
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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.


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