The General Court of the European Union has issued a decision which confirmed the EUIPO position to reject trademark protection for “Cooking Chef Gourmet” applied for Classes 7 and 11 (cooking appliances) filed by the Italian company De’Longhi.
According to EUIPO, this slogan is laudatory and descriptive because it is widely used for food and drink by general and specialised (in the restaurant business) public that uses English language.
The Court upheld this decision dismissing De’Longhi’s arguments that its mark has acquired distinctive character based on its connection with the famous Chef that has been using since the 1950s.
The Court considered this as an inappropriate suggestion because there was no evidence submitted before the EUIPO that supported this statement. What’s more, the applied-for mark and the famous earlier mark were too different for such a conclusion.