Judgment — ECLI:EU:T:2004:347
Date: 2004-11-30
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 goods or services – Sign appropriate to designate the intended purpose of the goods covered – Word mark ‘NURSERYROOM’ (Council Regulation No 40/94, Art. 7(1)(c)) The word sign ‘NURSERYROOM’, registration of which is sought for goods in Classes 16, 18, 21, 25 and 28 of the Nice Agreement including books, stationery, cards, diaper bags, plates and cups, hats, booties, baby clothing, shoes, layettes, plush toys and mobiles, may, from the average anglophone consumer’s point of view, serve to designate, for the purposes of Article 7(1)(c) of Regulation No 40/94 on the Community trade mark, the intended purpose of the goods covered by the trade mark application, and, by extension, the category of end users, namely babies and young children. Admittedly, the immediate meaning of the sign in question designates a place in which that category of persons may be. However, that meaning must be analysed in relation to the goods covered in the trade mark application. In that perspective, the word sign in question is perfectly appropriate to designate goods capable of being used in a nursery and, therefore, for use by babies or young children. Since the goods in question are all capable of being intended, exclusively or potentially, for those users, the relevant public will easily establish a direct and specific link between the sign and the goods in question. (see paras 23, 25)