Judgment — ECLI:EU:T:2004:263
Date: 2004-09-14
Language of the case: English
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks
Procedure: Action for annulment - unfounded

Summary of the Judgment Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of the goods – Word mark ‘APPLIED MOLECULAR EVOLUTION’ (Council Regulation No 40/94, Art. 7(1)(c)) From the point of view of the relevant public, which is composed of the relevant specialist consumers in the field of protein engineering, the word mark APPLIED MOLECULAR EVOLUTION may serve to designate, within the meaning of Article 7(1)(c) of Regulation 40/94 on the Community trade mark, one of the essential services referred to in the trade mark application. The relevant public, which is particularly well informed, will be able, without special effort, to associate the words ‘molecular evolution’ with the field of genetic material, a field included in the services claimed. The word ‘applied’ reinforces the descriptiveness of those words. The fact that the words can have another connotation does not mean that they are not descriptive in relation to the services claimed. Furthermore, as the word mark at issue as a whole is composed of a combination of words that conforms to English syntax, the association of those words cannot diminish their descriptiveness. (see paras 23, 27-28)