The French Federation of Perfumery Industries started opposition proceedings against a Greek trade mark application for perfumery goods in international class 3 containing the applicant's first name along with the term "de Paris" on the basis that said sign is deceptive as to the origin of goods concerned. The applicant contested the opposition on the grounds that the term "de Paris" indicates her connection with Paris, France, not the origin of the goods covered by the Greek trade mark application at issue.
The Administrative Court of Appeals, in its judgment number 1751/2009, ruled that Paris is a widely known geographical indication regarding the quality of perfumery goods and, consequently, the average consumer may deceitfully perceive that the goods covered by the trade mark application at issue are originating from Paris, while the applicant has failed to show any business-related connection with Paris at all.
This ruling serves as a good reminder towards the ex-officio examination on absolute grounds by the Greek Trade marks Administrative Commission, which sometimes fails to apply to its full extent absolute grounds of refusal leaving it to a third party initiative to object to such a trade mark filing.
[Patrinos & Kilimiris represented The French Federation of Perfumery Industries in this case].
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