Yesterday the ECJ decided the Henkel case. The IPKat can't tell you much about it though because no English translation has appeared on the ECJ website yet. Nonetheless, the IPKat has managed to ascertain with a combination of his inferior grasp of French and his superior knowledge of the Babel Fish translation website that the mark was for the shape of the packaging of detergent for woolen articles, vis "a lengthened bottle, narrowing to the top, with an integrated handle, a relatively small drain opening and a stopper on two levels, which can also be used as dosing goblet". It seems that the case was decided under Articles 3(1)(b) - distinctiveness, (c) - descriptiveness and (e) - functionality, of Directive 89/104.

Long bottles here and here
Cleaning woolies here

TRANSLATION WATCH TRANSLATION WATCH Reviewed by Jeremy and Ilanah on Friday, February 13, 2004 Rating: 5

No comments:

All comments must be moderated by a member of the IPKat team before they appear on the blog. Comments will not be allowed if the contravene the IPKat policy that readers' comments should not be obscene or defamatory; they should not consist of ad hominem attacks on members of the blog team or other comment-posters and they should make a constructive contribution to the discussion of the post on which they purport to comment.

It is also the IPKat policy that comments should not be made completely anonymously, and users should use a consistent name or pseudonym (which should not itself be defamatory or obscene, or that of another real person), either in the "identity" field, or at the beginning of the comment. Current practice is to, however, allow a limited number of comments that contravene this policy, provided that the comment has a high degree of relevance and the comment chain does not become too difficult to follow.

Learn more here:

Powered by Blogger.