Keywords

Summary



Keywords

1. Community trade mark - Definition and acquisition of the Community trade mark - Absolute grounds for refusal - Assessment in relation to the goods or services for which registration applied for

(Council Regulation No 40/94, Arts 4 and 7(1) (b) and (c))

2. Community trade mark - Definition and acquisition of the Community trade mark - Absolute grounds for refusal - Trade marks which consist exclusively of signs or indications which may serve to designate the characteristics of a product - Term Cine Action

(Council Regulation No 40/94, Art. 7(1)(c))

3. Community trade mark - Definition and acquisition of the Community trade mark - Absolute grounds for refusal - Descriptive character of sign - None - Finding of no minimal touch of imagination not sufficient to negate the distinctiveness of the sign

(Council Regulation No 40/94, Art. 7(1)(c))

Summary

1. The absolute grounds for refusal to register a trade mark set out in Article 7(1)(b) and (c) of Regulation No 40/94 on the Community trade mark, which are, respectively, the absence of distinctive character and the descriptive character of the sign, can be assessed only in relation to the goods or services in respect of which registration has been applied for.

( see para. 25 )

2. As regards registration of the term Cine Action, applied for in respect of certain products and services connected with cinema operation, the production of television programmes and television distribution, that term, formed by the mere juxtaposition of those two words, may serve to designate the product known to the public under the expression action film. In addition, the term Cine Action may enable the public concerned to establish immediately and without further reflection a concrete and direct relationship with the majority of the services in question, particularly those which may concretely and directly concern the action film product or the production or transmission of the latter. Therefore, in respect of those latter services and of the action film product, registration of the term Cine Action may be refused on the basis of Article 7(1)(c) of Regulation No 40/94.

As regards registration of that same term Cine Action, applied for in respect of categories of services which envisage the supply of other services, particularly technical, legal, management or organisational services, in connection with cinema operation, the production of television programmes and television, that term does not enable the public concerned to establish immediately and without further reflection the description of one of their characteristics. The possible relationship between that term and those technical, legal, management or organisational services - assuming that, in particular cases, they were directed towards action films - is too vague and indeterminate to confer on that term a descriptive character in relation to those services. Therefore, in respect of those latter services, registration of the term Cine Action cannot be refused pursuant to Article 7(1)(c) of Regulation No 40/94.

( see paras 23, 26 to 29, 31 )

3. Where a sign, registration of which has been applied for, has been regarded as not being descriptive, lack of distinctiveness cannot result from the mere finding by an appeal board that the sign lacks a minimum amount of imagination.

( see para. 31 )