Bimbo and its Italian meaning – a General court’s decision

juropean-justiceThe General court ruled in case T-33/15, Grupo Bimbo, SAB de CV v OHIM. Briefly, it concerns an attempt of the Mexican company  Grupo Bimbo, SAB to register an European word trademark BIMBO for Class 30 Flour, bread and cereal preparations and products; products of pastry and biscuit.

OHIM issued a refusal for that mark based on absolute grounds taking into account the fact that the word BIMBO means baby in Italian and from that point of view the word is descriptive considering the relevant goods that can be consumed by children too.

The decision was appealed. According to the Grupo Bimbo the word BIMBO is not used to describe a child in Italy. Moreover, word such as “per the infanza” or “per bambini” are used for labeling products for child consumption.

OHIM dismissed these arguments. According to Italian dictionaries Bambino is a synonym for kid. Because of this the word is descriptive and cannot serve as a trademark identification.

The court upheld this decision.

Source: Marques Class 46.

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