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Tuesday, 7 June 2005

ALWAYS GOING TO FAIL


And here's another Community trade mark application that was always going to fail: it received the last rites in Case T-316/03, Münchener Rückversicherungs-Gesellschaft AG v OHIM, which has just been posted today on the Curia website. The applicant sought to register the word mark MunichFinancialServices for -- you guessed it -- financial services. The examiner considered this sign to be descriptive. Now, nearly five years after the application was initially filed, the CFI has passed its death sentence. Yes, the sign is descriptive. No, it isn't a syntactically unusually juxtaposition. No again, the typical consumer won't be incapable of understanding it and he certainly won't be so immediately and profoundly struck by the appearance of capital letters in the middle of the word as so say "Goodness gracious, this sign is truly distinctive!"


... and here's the MunichBeerCentre

An earlier, disastrously non-registrable Munich application thrown out by the CFI here

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