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European Case Law

General Court (Eighth Chamber), 17 March 2016, in case T‑78/15 (Mudhook Marketing, Inc. v. OHIM)

Regulation (EC) No 207/2009− Article 7(1)(b) − Absolute ground for refusal —Promotional function

For a finding of lack of distinctive character it is sufficient for the semantic content of the word sign at issue to indicate to the consumer that a characteristic of the goods or services, whilst not specific, comes from promotional or advertising information which the relevant public will perceive as such, rather than as an indication of the commercial origin of the goods or services. Such a mark must be recognised as distinctive if, apart from its promotional function, it may be perceived immediately by the relevant public as an indication of the commercial origin of the goods or services covered by the mark.


categoria:European Case Law