Judgment — ECLI:EU:C:2004:87
Date: 2004-02-12
Language of the case: Dutch
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Intellectual, industrial and commercial property;Approximation of laws
Concepts: Absolute grounds for refusal
Procedure: Reference for a preliminary ruling
Origin: Belgium

Summary of the Judgment 
Approximation of laws — Trade marks — Directive 89/104 — Refusal of registration 
or invalidity — Marks consisting exclusively of signs or indications which may serve to 
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SUMMARY — CASE C-265/00 
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)) 
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 char­
acteristics of those goods or services for the 
purposes of that provision, unless there is a 
perceptible difference between the neol­
ogism 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 g r o u n d for refusal set ou t 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 desig­
nating the same characteristics of the goods 
or services referred to in the application for 
registration. 
(see para. 45, operative part) 
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