The European Court ruled in Case C-629/14, Jaguar Land Rover Ltd v OHIM. The case concerns Jaguar’s attempt for registration of the following European trademark for Classes 12, 14, 28:
OHIM refused the registration of that mark on absolute grounds, lack of distinctiveness for the following goods:
– Class 12: ‘Vehicles; apparatus for locomotion by land, water and air ambulances, Automotive, Cars, Golf carts, electric vehicles, military vehicles for transport, Motor homes, refrigerated vehicles, remote control devices other than toys, sports cars, vans [means] Vehicles for locomotion by land, air, water or rail, car bodies, Automobile chassis, automobile hoods, bodies for vehicles, Hoods for vehicles, vehicle chassis , covers vehicles [shaped] “;
– Class 28: “Games and toys, games, radio controlled toys, vehicles, scale model kits [toys] model vehicles scale toy vehicles, toys.”
– Class 12: ‘Vehicles; apparatus for locomotion by land, water and air ambulances, Automotive, Cars, Golf carts, electric vehicles, military vehicles for transport, Motor homes, refrigerated vehicles, remote control devices other than toys, sports cars, vans [means] Vehicles for locomotion by land, air, water or rail, car bodies, Automobile chassis, automobile hoods, bodies for vehicles, Hoods for vehicles, vehicle chassis , covers vehicles [shaped] “;
– Class 28: “Games and toys, games, radio controlled toys, vehicles, scale model kits [toys] model vehicles scale toy vehicles, toys.”
The decision was appealed. The Board of Appeal annulled this decision only for the goods: “Apparatus for locomotion by air or water.”
The court upheld that judgment, finding that the shape of the car presented by Jaguar, although there are certain distinctive elements, as a whole does not differ from the standard design typical for such type of vehicles.
Source: WIPR.
The court upheld that judgment, finding that the shape of the car presented by Jaguar, although there are certain distinctive elements, as a whole does not differ from the standard design typical for such type of vehicles.
Source: WIPR.
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