Geography Reference
In-Depth Information
familiarity amongst the public with the geographical name, with the character-
istics of the place designated by the name, and with the category of the goods
concerned. 26
6.24
Registration is excluded also for those geographical names that are liable to be
used by undertakings, 27 however the registration of geographical names is not
excluded when the public is unlikely to believe that the category of goods
concerned originates there. 28
6.25
The OHIM Trade Marks Manual points out that whether an existing geo-
graphical term will, for the relevant goods, be understood as having an
informational value about the place of production, or rather as a fanciful term,
also largely depends on the nature of the goods. 29 For example, it points out that
for wine, a geographical name is always perceived as an indicator of origin
because wine must carry a correct indication of its origin and for agricultural
products or drinks (mineral water, beer), geographic names usually are meant to
refer to the place of production. 30 On the other hand for textile and body care
products, there may be a tradition of production in some places whereas for
other places the term might be fanciful.
6.26
The OHIM Trade Marks Manual refers to the widespread practice of using
fashionable city names for goods unrelated to the ground for which the city is
known (Hollywood for chewing gum) or names of certain fashionable suburbs
or shopping streets (Champs Élysées, Manhattan) and considers that as these
will be perceived as suggestive terms, registration should not be refused. 31
6.27
The OHIM Trade Marks Manual acknowledges that it is current branding
practice for city names to be used as a basis for series of model designations for
mechanical goods such as cars (eg SEAT Cordoba, Toledo, Malaga) which are
unrelated to the place of production and the case is also true for high-
technology goods such as computers, telecommunication products and con-
sumer electronics (eg Germansat). 32
26
Ibid, para 32.
27
Nordmilch eG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community
trade mark) [2003] EUECJ T-295/01 at para 31.
28
Ibid, para 33.
29
OHIM Trade Marks Manual at 39.
30
Ibid.
31
Ibid.
32
Ibid.
 
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