ECJ maintains strict rule on acquired distinctiveness
11 June 2009
James Nurton, London
The European Court of Justice today endorsed OHIM’s strict approach to judging acquired distinctiveness
In an appeal by Imagination Technologies against OHIM’s refusal of its application for Pure Digital in classes 9 and 38, the Court said that it favoured a “literal interpretation” of Article 7(3) of the Community Trade Mark Regulation.
Article 7(3) provides for the registration of a trade mark that...
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