Keywords
Summary

Keywords

Approximation of laws — Trade marks — Directive 89/104 — Refusal of registration or invalidity — Marks consisting exclusively of signs or indications which may serve to designate the characteristics of the goods — Definition — Neologism consisting of elements descriptive of characteristics of the goods or services concerned — Included where the nature of the combination is not unusual — Existence of synonyms to designate the same characteristics — No effect — (Council Directive 89/104, Art. 3(1)(c))

Summary

Article 3(1)(c) First Directive 89/104 on trade marks must be interpreted as meaning that a trade mark consisting of a neologism composed of elements each of which is descriptive of characteristics of the goods or services in respect of which registration is sought is itself descriptive of the characteristics of those goods or services for the purposes of that provision, unless there is a perceptible difference between the neologism and the mere sum of its parts: that assumes that, because of the unusual nature of the combination in relation to the goods or services, the word creates an impression which is sufficiently far removed from that produced by the mere combination of meanings lent by the elements of which it is composed, with the result that the word is more than the sum of its parts.

For the purposes of determining whether the ground for refusal set out in Article 3(1)(c) of Directive 89/104 applies to such a mark, it is irrelevant whether or not there are synonyms capable of designating the same characteristics of the goods or services referred to in the application for registration.

see para. 45, operative part