Class Headings Decision C 307/10 Issued by CJEU

<="" a="" border="0" height="62" src="http://4.bp.blogspot.com/-qjfT7UvrSOA/TirAgTi25mI/AAAAAAAACvQ/TMO5ilkIW7c/s200/ksnhlaw-logo-invers.jpg" width="200" />On our coporate ksnh::law blog, we recently reported on the much anticipated 'IP TRANSLATOR' decision (C 107/10) of the Court of Justice of the European Community as released on 19 June 2012. As I give a brief summary on the base below, please refer to the posting titled "CJEU ‘Class Headings’ Case C-307/10 ‘IP TRANSLATOR’ – Final Judgement Is Out" for a more complete coverage of the decision. The trademark application was launched as a test case by the Institute of British Patent Attorneys (CIPA) to have OHIM's practise as to the meaning of class headings reviewed by the CJEU. The national UK trademark 'IP TRANSLATOR' was claimed for ‘Education; providing of training; entertainment; sporting and cultural activities’, i.e. the class heading of Class 41 of the Nice Classification. The UK IPO refused the application on the basis of Article 3(1)(b) and (c) of Directive 2008/95 and OHIM Communication No 4/03, according to which the trademark covers all services falling within Class 41, so that the trademark was considered lacking distinctive character and being descriptive in nature for "translation services", which also undefalls Class 41. The susequent appeal to the referring court raised that the application did not specify, and therefore did not cover, translation services. The issued decision is quite clear on this problem ...Zum vollständigen Artikel


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