THURSDAY, 11 AUGUST 2016
General Court: ConnectedWork fails on absolute grounds
For Class 46 readers wishing to catch up on EU case-law during summer holidays, keep reading about Case T-491/15 where Volkswagen AG filed a EU trademark application for ConnectedWork for the following goods/services:
-Class 9: 'recorded content; audiovisual equipment and information technology; remote control apparatus, remote controls; antennas, vehicle navigation apparatus; mobile phones ; telephone apparatus; televisions; videophones; radios; compasses, navigation devices, navigation instruments; telematic devices; telematic terminals; videophones, photo telegraphy apparatus; electronic translation devices (computers), electronic pocket translators; calculating machines, data processing equipment, computers, PDAs, fax machines, monitors (computer hardware and computer programs), devices adapted for use with computers, computer programs and software recorded and downloadable, in particular electronic data connections; pocket calculators; downloadable electronic publications; downloadable video files ";
- Class 38: 'Telecommunications; telecommunications; compilation and communication of information (news agency), news agencies, telecommunication via platforms and portals on the Internet, providing access to information on the Internet, electronic exchange of messages using lines discussion forums and chat rooms on the internet, electronic mail, rental of telecommunication devices, radio and television programs, electronic mail; telecommunications information; providing access to users to global computer networks; providing telecommunications connections to services to global computer networks; providing access to users with computer programs on data networks; provision of discussion forums on the Internet; provision of video conferencing services; communication services via mobile phones; transmission of messages and images assisted by computer; call services (radio, telephone or other means of electronic communication); satellite transmission; telephony services and mobile telephony; telephone; Sending messages (telecommunications); rental of telecommunications equipment; rental of apparatus for transmitting messages; leasing access time to global computer networks; providing access to databases; Telematic Services; telematics communication services; sending data and document transfer via telematics;advice and information relating to all the aforesaid services included in this class ";
- Class 42: 'Services of information technology, namely development, programming and software implementation, hardware development, hosting, software as a service and software, rental of equipment and facilities IT consulting services, advice and information relating to information technology, security, protection and restoration of information technology, conversion and data copying, data encoding services, analysis and computer diagnosis, research and development and qu'implémentation of computers and computer systems, computerized project management, data mining, digital tattoos, iT services, technology services concerning computers, computer networks services, services updating of computer systems memory banks, data migration services, updating of websites for third parties, control computer systems by remote access; creating web pages on the internet for others; advice and information relating to all the aforesaid services included in this class. "
The General Court dismissed the appeal. The sign ConnectedWork can be understood by the relevant public as indicating that the goods and services concerned may be connected together or connected to a network and allow you to perform work while connected. This meaning does not require the relevant public "a certain amount of personal creativity" as the applicant suggests. The sign in question is a direct understandable slogan by the relevant public and it conveys a broader message about all products and services in question. Considering that none of its elements allow the relevant public to perceive the ConnectedWork sign as an indication of the origin of the goods and services concerned, the Board of Appeal correctly concluded that it is devoid of distinctive character within the meaning of Article 7, paragraph 1 b) of CTMR and therefore could not be registered.
|0 Comments Post a comment|