In this months report the ECJ considers breach of licence agreement and free movement of goods in Copad v Christian Dior; AG opines on meaning of “reputation in the Community” in PAGO v Tirol Milch.
| Application (and where applicable, earlier mark) |
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MANUFACTURING SCORE CARD
- computer software, computer hardware (9)
- various business, management and recruitment services (35)
- technical advice, technical project planning, compilation of technical reports (42) |
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The ECJ upheld the CFI’s finding that the mark was devoid of any distinctive character (Article 7(1)(b)) and was descriptive of the relevant goods and services (Article 7(1)(c)).
The ECJ held that, as the same ground for refusal existed for each class of goods and services, the CFI’s decision need not err by not including an analysis of each individual type of goods or services in its decision.
The CFI’s finding that the mark would be understood as meaning a score card on which production measurement and supervision data can be recorded, demonstrated that the CFI had correctly considered the descriptiveness of the mark as a whole and had not merely considered the descriptiveness of its individual elements.
The CFI had been correct in holding that it was not bound by the previous decisions of national trade mark authorities; the fact that the mark SCORE CARD had already been registered in an EU member state was therefore of no significance. |
| Application (and where applicable, earlier mark) |
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| Comment |
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| Application (and where applicable, earlier mark) |
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