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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TUESDAY, 6 JANUARY 2009
When 'Roma' can be deceptive
The original applicant Eurocos and its assignee Procter & Gamble had argued that the term 'Roma' would not be seen as a geographical indication; rather, the relevant consumers would perceive 'Roma' as a symbolic indication of a particular lifestyle.
For information on this decision see the note by Benedikt Schmidt and Raphael Kraemer (Meisser & Partners, Klosters), in World Trademark Review.
Posted by: Blog Administrator @ 06.00
Tags: deceptive marks, Switzerland,
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When 'Roma' can be deceptive
In a decision last October the Swiss Administrative Court upheld the decision of the Federal Institute of Intellectual Property to refuse to extend protection to Switzerland for the international registration for the figurative mark LAURA BIAGOTTI AQUA DI ROMA (Class 3: perfumes): its registration would be deceptive, it was held, for goods not originating from Italy. This result is significant since the same mark has been registered in over 20 member states of the Madrid Union, none of which presumably has raised the same objection.
The original applicant Eurocos and its assignee Procter & Gamble had argued that the term 'Roma' would not be seen as a geographical indication; rather, the relevant consumers would perceive 'Roma' as a symbolic indication of a particular lifestyle.
For information on this decision see the note by Benedikt Schmidt and Raphael Kraemer (Meisser & Partners, Klosters), in World Trademark Review.
Tags: deceptive marks, Switzerland,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA923
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