tag:blogger.com,1999:blog-5574479.post116600727224686409..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: OHIM GEOGRAPHICAL DECISIONVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-5574479.post-1166173403233584662006-12-15T09:03:00.000+00:002006-12-15T09:03:00.000+00:00It may not be a state famous for wines (yet), but ...It may not be a state famous for wines (yet), but is famous (at least among Zappa fans) for its dental floss farming industry.David Pearcehttps://www.blogger.com/profile/02336561458060095886noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1166110198624157022006-12-14T15:29:00.000+00:002006-12-14T15:29:00.000+00:00The trade mark could have had something to do with...The trade mark could have had something to do with Pernod's very well known New Zealand brand of wine, Montana. <BR/><BR/>It's not clear to me quite why they wanted to risk an association with the US State by using its nickname as part of the mark.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1166020672788866072006-12-13T14:37:00.000+00:002006-12-13T14:37:00.000+00:00So global warming has its advantages ! All I'd sa...So global warming has its advantages ! All I'd say it is a rather difficult concept to deploy to reject an otherwise perfectly registrable mark. <BR/><BR/>You can overdo it, and if you do deploy it then there does need to be an objective basis for playing the futurity card. I personally don't believe global warming would suffice here !<BR/><BR/>Jeremy, you'd have made a very good trade mark examiner (under the 1938 Act, when we refused everything !).Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1166018989600335972006-12-13T14:09:00.000+00:002006-12-13T14:09:00.000+00:00I think futurity has particular mileage when it co...I think futurity has particular mileage when it comes to wine. 50 years ago England had no wine industry to speak of. You might say it was the Montana of the European wine sector. Now, with global warming and better viticulture, it's thriving.Jeremyhttps://www.blogger.com/profile/01123244020588707776noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1166011184635770572006-12-13T11:59:00.000+00:002006-12-13T11:59:00.000+00:00Interesting to contrast this with UK practice. No...Interesting to contrast this with UK practice. Not relevant what average consumers know about wines - the question is would other traders want to use (under a descriptiveness objection).<BR/><BR/>The Board make it reasonably clear they would take MONTANA (word only). The device (not the picture in the blog) simply adds to the overall impression and means that the mark is not exclusively descriptive.<BR/><BR/>I can go along with the decision. You can take the 'futurity' argument too far - if the area doesn't produce much wine now, it's not likely to in the future !Anonymousnoreply@blogger.com