Through a decision dated 22 January 2014 EUIPO’s Second Board of Appeal confirmed the refusal of the application for the trademark
|EU Trademark No. 011253044 (Refused)|
which had been filed for a broad range of goods and services in classes 9, 35, 39, 40, 41, 42 and 45.
The reason for the refusal is that EUIPO found that the mark was devoid of distinctive character and that it merely informed consumers of the quality of all the goods and services at issue, without exception. The Office thus adopted a general reasoning in respect of all of them.
This decision was annulled by the General Court (case T-222/14 (in Spanish) which, after considering whether the Office had examined in sufficient depth the distinctive character of the sign at issue in relation to all the goods and services for which the application had been filed, held there to be a flaw in the reasoning of the Board of Appeal.
The appeal to the Court of Justice (case C-437/15P) therefore centered on the question of whether EUIPO should assess the capacity of a sign to identify a given business origin with respect to each and every one of the goods or services, or whether, on the other hand, a global analysis of the goods or services will suffice if the Office finds them to have some relevant characteristic in common.
As we are all aware, EUIPO is under an obligation to state the reasons for its decisions, in order that the interested parties may know why their trademark is being refused access to the register and also that the courts of the EU may be in a position to oversee the legality of the decision.
When a trademark application is filed, the Office should indeed carry out an assessment of the capacity of the sign in question to distinguish the goods and services it covers. This will entail, in principle, an analysis of each and every one of those goods and services.
However, an exception to this rule arises when the goods and services are interlinked in a sufficiently direct and specific way, to the point where they may be grouped in homogeneous categories. In that event the Office may confine its assessment to each of those categories.
The General Court relied on the order of 18 March 2010 (in case C-282/09P) to distinguish different categories into which the goods and services of the rejected mark could be grouped (cinema, advertising, storage and transport of goods, etc.), maintaining that they were very different in their nature, characteristics and purpose and that the Office should therefore at least have analyzed each of the homogeneous categories within the application.
EUIPO’s position, in contrast, was that if all the goods and services have a characteristic in common, which in the present case would be that they are all of superior quality, they may be regarded as forming a single category and, therefore, a general statement of reasons will suffice. The systematic repetition of the basic ground for the refusal, which is that the sign is devoid of distinctive character in respect of each and every one of the goods and services, may thus be avoided.
The Court of Justice annulled the judgment of the General Court, holding that the latter should have:
1. Checked whether the mark applied for, which comprises a word and a figurative element, could be perceived, directly and immediately, as a claim of superior quality or a laudatory message, rather than as an indication of the business origin of the goods and services. In the affirmative, the refusal of the application would be fully justified without the need for an examination of the sign in relation to all of the goods and services.
2. Checked whether the word element of the sign, “deluxe”, indeed conveyed the idea of superior quality or whether it could have a different meaning. In the latter event the mark could have a sufficient degree of distinctive character in respect of some of the goods or services. In that case an assessment of each of them would be required and different conclusions could be reached.
The Court of Justice held that the General Court had failed to appreciate that, despite their differences, all the goods and services at issue could have a common characteristic relevant to the analysis of the absolute prohibitions on registration which could justify their being grouped in a single homogeneous category and the consequent use of general reasoning in relation to them all.
The case has been referred back to the General Court and we shall therefore have to wait for a final decision on the substance.
Visit our website: http://www.elzaburu.es/en
Author: Soledad Bernal
Visit our website: http://www.elzaburu.es/en
All people must be thankful that the union has taken a step forward towards solving the issue. Now essay on time.com it is a matter of time that all the issues will be resolved soon.ReplyDelete
Great read, thanks for this information. Find best guitars for clone hero game at: clone hero guitarReplyDelete
Thanks for sharing, nice post! Post really provice useful information!
Giaonhan247 chuyên dịch vụ gửi quà đi mỹ cũng như gửi thuốc lá đi mỹ cùng với dịch vụ mua hàng trên pandora úc và dịch vụ mua hàng trên ebay ship về việt nam cùng với bảng giá cước phí gửi hàng đi mỹ uy tín, giá rẻ.
The court’s decision is justifiable in my opinion. However, this issue would not have arisen if the trademark policies were clear. This case tells us how complicated it can get to register a trademark. Of course, it is not a problem for the big fishes as they have millions to spare in the legal department and have lawyers with fancy degrees ready to take on any challenge, but for the mid-tier companies, it can become a problem. That’s one drawback of capitalism. The system is designed for those who have money to spare. If you have capital, you can hire the best lawyers for your firm or best professional essay writers for your college assignment (the education system is flawed as well) and come out clean, while those with lesser resources keep struggling.ReplyDelete
Amanda Fuller is an American TV series as well as movie actress. Amanda has been mesmerizing the audience from her performances since a long time and the audience are pretty much in love with her.ReplyDelete
This website talks about the involvement of the court and that's one of my biggest passion I hope to follow, being a lawyer. Well I was in law school, and I had so many assignments due and when there is a deadline to these submission,whatsoever you have to get your assignment done. I really hope this becomes easier or I won't be able to cope up with the workload I am getting.ReplyDelete
I really not a fan of political talks, but being a political science student I have to get into these kind of topics and research into them because of assignments. I really do not know where to collect authentic and reliable information from, and I cannot take the risk of submitting in the wrong work. This is why I had to hire assignment writing help services because not only they have the writers to write the best quality assignments but they have the best research anaylsts to collect raw primary data on currrent situationsReplyDelete
I really appreciate the information that you have shared on your Blog. Thanks for shearing this blog.ReplyDelete
Why Wireless HP Printer Not Connecting Automatically
HP Printer Problems and Solutions
Why is my HP Printer not Being Found
How to Print From iPad To HP Printer
Make Your USB Printer Wireless
Why Is My Printer Printing Blank Pages
Fix Epson Printer Light Blinking Error
Print From iPhone To HP Printer Without WIFI
Why HP Printer Stopped Working After Windows 10 Update 2021
Where Is The WPS Pin Number On An HP Printer
Thank you so much for sharing this article. I really love it. This is a very nice one and gives in-depth information. I am really happy with the quality and presentation of the article. I’d really like to appreciate the efforts you get with writing this post. Thanks for sharing.ReplyDelete
website: Matka Result
Good blog. Keep sharing. I love them Are you also searching for ajman assignment help? we are the best solution for you. We are best known for delivering writing services to students without having to break the bankReplyDelete
That was really great. Helpful and insightful, as always! Thanks for the data and the supporting information.ReplyDelete
Satta Matka Official is #1 India satta matka website.Our advanced tips & tricks help to play this Satta game properly. The tips provided by our expert Matka guessers help you to win the game and become the Satta king
I just would like to give a huge thumbs up for the great info you have here on this post. Thanks for sharing with us. Are you looking for Escort Services in Ahmedabad and Call Girls in AhmedabadReplyDelete
Click For More Information Escort Services in Ahmedabad
That was a really great! Thanks for the data and the supporting information.ReplyDelete
For the very first time, I read your blog and loved it. Your way of delivering content is amazing and appreciable. Hope you will continue this and provide new, unique, and strong content from your side. For me, it’s a five stars article. write my assignment cheapReplyDelete
Man I am not really a guy who converses on world politics and no way I want to get into this Eurpeon Union shiz. What I really need rn is professional essay writing services, that can write me the best essays. Maybe with them good marks, I can go to one of those good unis in the Eurpeon UnionReplyDelete
Eva Airlines Reservations
Turkish Airlines Reservations
Southwest Airlines Reservations
Porter Airlines Reservations
This is very serious errors about the thing is not going right because you to resolve this error type which is quickbooks unrecoverable error and throughout the scenario you can't handle it again.Delete
SAS AIRLINES RESERVATIONS
I am not sure if the decision is right or not, and lacking the understanding of trademark laws, I am not quite sure what to say. I have a friend who is an expert in the subject. I am sure he will have an opinion on this decision. I am sharing the post with him and will discuss it with him once he comes. Meanwhile, I will look for Construction Management Dissertation Topics online, while I wait for him to come.ReplyDelete
Day Night NewsReplyDelete
The lawyer world
Nice post. I used to be checking constantly this blog and I am impressed! Extremely useful info particularly the ultimate section 🙂 I take care of such information a lot. I was seeking this certain information for a long time. Thank you and best of luck.
online classes advantages and disadvantages essay
Your passion can clearly be seen by the amazing content you have written. Got so much inspiration from it and, I am looking forward to more blogs post from you of the same kind. Continue the good work, please. plan international vacancies 2021ReplyDelete
If it were not for the basic power tools that came with the advent of technology, human civilization would be a lot less pleasant
Buy Instagram Followers AustraliaReplyDelete
Nice information provided by you, it really helped me to understand this topic. I have also referred this article to my friends and they also enjoyed this informative post.
Thanks for a marvelous posting! I actually enjoyed reading it, you might beReplyDelete
a great author.I will be sure to bookmark your blog and will
often come back at some point. I want to encourage yourself to continue your great posts,
have a nice day!
my web page; 강남안마
Buy twitter Followers Canada and boost your profile,Buy like Follower is the most trusted source of Instagram services,100 Secure GenuineReplyDelete
Wow, thanks I just got exactly what I wanted from your blog, thank you so much! You should check out our website for quid vs pound vs penceReplyDelete
This Blog Is What I Used To Be Searching Out. This Piece Of Content Material Will Certainly Assists Me. Thank You For Sharing It. visit my site: Air separation systemReplyDelete
This is very nice and helpful content and through this, we can get information about European union in details and get benefits. Many people wanted to get this information and now they are satisfied. Did you like this content? Dissertation writing service.ReplyDelete
Thank you for this awesome post. It really shows your immense knowledge and research on this topic. Please keep sharing. Also, Check death quotesReplyDelete
It's really good to build up information knowledge. My hobby is web surfing. If I have a chance, I will visit you again. The website is really cool. But its necessary to click the link below flat bill trucker hatsReplyDelete
There is certainly a lot to find out about this subject. I like all the points you made. Top Universities in CanadaReplyDelete
Technologistan is the popoular and most trustworthy resource for technology, telecom, business and auto news in PakistanReplyDelete
BMW price in Pakistan
온라인카지노 I have been surfing on-line greater than three hours lately, but I never discovered any attention-grabbing article like yours.ReplyDelete
It's lovely price sufficient for me. Personally, if all web owners and bloggers made excellent content material as
you did, the web will be a lot more useful than ever before.
온라인카지노 Hey! Someone in my Facebook group shared this site with us so I came to check it out.ReplyDelete
I'm definitely enjoying the information. I'm bookmarking and will be tweeting
this to my followers! Wonderful blog and great
style and design.
스포츠토토 I have read your blog and I gathered some new information through your blog. Thanks for sharing the informationReplyDelete
We stumbled over here from a different web page and thought I should check things out. I like what I see so now i’m following you. Look forward to looking at your web page yet again.|ReplyDelete
I was reading some of your articles on this website and I conceive this web site is very instructive! Retain putting up.ReplyDelete
I m glad to have found this post as it's such an interesting one! I am always on the watch out for quality posts and articles so I suppose I'm lucky to have found this! I hope you will be adding more in the future. zaha winter collection.ReplyDelete
The information you shared in this blog is very good and useful to me and many others. It is closely related to my work and helped me to grow!! You've done truly a great and awesome work dear and also Thanks for sharing this blog!! local seo specialist.ReplyDelete
Ver well. Keep sharing more. Please also read mine Valentines day blog and let me know where I can improve.ReplyDelete
Valentine Day Stores to Buy Gifts
Happy Valentine Day
Valentine Day Gift for Girlfriend
Valentine Day Gift for Boyfriend
I have read your article, it's very informative and helpful for me. I admire the valuable information you provide in your articles. Thank you for posting it. for More Information Visit Here:- Install Canon Printer Driver in Windows 10ReplyDelete
Thank you for another fantastic article. Where else may anyone get that type of information in such an ideal way of writing? I have a presentation subsequent week, and I’m on the look for such info.ReplyDelete
Such an informative post. The article is really helpful. Thanks for sharing the knowledge and experience.ReplyDelete
The british essay writers can get you toward the best potiental way to get unionn for deluxeReplyDelete
Very interesting article. thanks for sharing.ReplyDelete
Online Tutors in India
Online Schools in India
Blog on Education
Best Education Blog
Online Teaching Platform for Schools
Marketing for Teachers
You realize your ventures stand apart of the crowd. Something stands out about them. It appears to me every one of them are truly splendid! https://www.thedeckdesigners.com/ReplyDelete
I have perused your blog and I assembled some new data through your blog. Much obliged for sharing the data acrylic 3d printerReplyDelete
Help With Assignment Payments are fast, easy and secure with many options provided like apple pay, google pay, visa, mastercard, discover, american express, alipay and many more.ReplyDelete
These gloves are AWESOME!! I used the regularly in and around the stove that gets up to 600F, even as high as 640F inside. The door and surrounding metal can be 300-400F. My hands are actually cool (swear it!) while these gloves are on. I Really like this.Mecwest Welding GlovesReplyDelete
에볼루션접속 먹튀검증 안전노리터 goReplyDelete
We offer relaxation and healing services with body massage near me proven treatments provided by certified professionals in a space that is tranquil, where the your senses are energized, the body is relaxed, and the mind elevated to a feeling of peace.ReplyDelete
Therapist with her hands or fingers , will body massage near me be able to exaggerate your body, particularly the shank and shoulder as the strain and fatigue is absorbed into these potions in our bodies. She will move your muscles and bones in order to bring you a sense of relaxation.ReplyDelete
Our muscles are extremely tense to keep massage spa hyderabad our routines going and therefore, the therapist understands the process of brawn relaxation.ReplyDelete
hi this is Ana and I run my own business of aircrafts parts and supplies. this is the best aviation parts in USA. must visit if you are a aviation enthusiast. Link below!ReplyDelete
However, it must be noted that massage therapists have sexy massage different views of Tantric massage, so make sure you chat with our massage therapist (masseuse) with details of what you expect during sessions.ReplyDelete
Hey, you used to write wonderful. Maybe you can write next articles referring to this article. I desire to read more things about it! Best of luck for the next! Please visit my web site Massage near meservice providerReplyDelete
Need help with HND assignments? Look no further than Diploma Assignment Help Co. UK. We provide comprehensive HND assignment help services for students at all levels of study. Our team of experienced HND assignment writers can help you with all types of HND assignments, including coursework, essays, reports, dissertations and more. Our services are tailored to meet your individual needs, and we guarantee that our HND assignment help will help you achieve the best possible grades. So, don't hesitate to get in touch with us today and let us help you succeed.
If you're looking for someone to do my assignment cheap be cautious about choosing the lowest bidder. Quality work often comes at a higher price, but there are affordable options that offer good value. Look for reputable providers with a track record of delivering quality work and ask for references. Also, be sure to read reviews and compare pricing from several sources to find a balance between affordability and quality.ReplyDelete