EZMIX can’t be a European trademark – an EU Court decision

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The European Court has ruled in Case T‑771/16, Toontrack Music AB v EUIPO which concerns an attempt by a Swedish company to register a European trademark ‘EZMIX’ for classes 9, 15, 42.

The Office refused this application on absolute grounds, lack of distinctiveness and descriptiveness. The grounds for this conclusion were the fact that EZ is a shortened word for Easy and MIX means mixing music.

The Court upheld this decision. The fact that easy can have different meanings is not sufficient to overcome the collision with the absolute grounds. The reason for this is that it is sufficient only one of the meaning to lack a distinctive character in light of the relevant goods or services so as the sign to be refused.

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