Beyond any weather
forecast, it should have been a bad day in Luxembourg for Melt Water, the
Lithuanian company which lost a couple of days ago on absolute grounds both trade mark
and T-70/14 on appeal to the General Court.
|Would it be immediately |
perceivable at felin sight?
There was a happy ending of sorts for the Lithuanian company, though: it finally got a CTM for goods in class 32, this being figurative 'Nueva Melt water original' mark. This time, the secret ingredient was a bit of linguistic wordplay so that, according to OHIM practice, both Spanish and English consumer were deemed to be surprised by the overall impression of the foreign word combination, which ultimately was held capable of identifying Melt Water's beverages in the market.