Geography Reference
In-Depth Information
question, the competent authority must assess whether it is reasonable to
assume that such a name is, in the mind of the relevant class of persons,
capable of designating the geographical origin of that category of goods;
+
in making that assessment, particular consideration should be given to the
degree of familiarity amongst the relevant class of persons with the
geographical name in question, with the characteristics of the place
designated by that name, and with the category of goods concerned;
+
it is not necessary for the goods to be manufactured in the geographical
location in order for them to be associated with it.
45
(b) 'CLOPPENBURG'
Case T-379/03,
Peek & Cloppenburg v OHMI
,
46
concerned an application with
OHIM for a Community trade mark for the word sign 'CLOPPENBURG'
47
in relation to retail trade services that fall within Class 35 of the Nice
Agreement. The application was rejected under Art 7(1)(c) of the Community
Trade Mark Regulation on the ground, inter alia, that the word Cloppenburg
designated a German town in Lower Saxony and that the Landkreis Cloppen-
burg, a territorial district to which that town had given its name, numbered
more than 152,000 inhabitants in 2002. This decision was affirmed by the
Fourth Board of Appeal of OHIM and the applicant appealed to the Court of
First Instance.
6.36
6.37
The Court followed the public interest approach to Art 7(1)(c), which it
formulated in
Windsurfing Chiemsee
,
48
concerning leaving free signs or indica-
tions which may serve to designate the geographical origin of the categories of
goods in relation to which registration of the mark is applied for, especially
geographical names.
[I]t is in the public interest that they remain available, not least because they may be an
indication of the quality and other characteristics of the categories of goods concerned,
and may also, in various ways, influence consumer tastes by, for instance, associating the
goods with a place that may give rise to a favourable response.
49
It observed further that the registration of geographical names as trade marks
solely where they designate specified geographical locations which are already
famous, or are known for the category of goods concerned, and which are
45
Ibid, at para 37.
46
[2005] EUECJ T-379/03.
47
Pursuant to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, OJ 1994
L 11, p. 1.
48
[1999] ECR I-2779 at para 26.
49
[2005] EUECJ T-379/03 at paras 32-3.
