Geography Reference
In-Depth Information
consumers throughout Germany.
56
On this issue the Court did not consider
that the required legal standard had been met that there existed, in the eyes of
the public concerned, any link between the town or region of Cloppenburg and
the category of services concerned, or that the word 'CLOPPENBURG' might
reasonably be supposed, in the eyes of that public, to designate the geographical
origin of the category of services at issue.
57
6.41
Finally, the Court observed that even if the relevant public did know of the
town of Cloppenburg, it did not automatically follow that the sign may serve, in
trade, to designate geographical origin as account had to be taken of all the
relevant circumstances, such as the nature of the goods or services designated,
the greater or lesser reputation, especially within the economic sector involved,
of the geographical location in question and the relevant public's greater or
lesser familiarity with it, the customs obtaining in the area of activity concerned
and the question to what extent the geographical origin of the goods or services
at issue may be relevant, in the view of the persons concerned, to the assessment
of the quality or other characteristics of the goods or services concerned.
58
6.42
Applying these principles, the Court observed that the relevant public was, at
the very most, only moderately familiar with the town of Cloppenburg and that
the Board of Appeal had not mentioned any class of goods or services for which
that town enjoyed a reputation as the place where the goods are produced or the
services rendered.
59
Moreover, the Board of Appeal has not established that it is
current practice in trade to indicate the geographical origin of retail trade
services and that it was not reasonable to imagine that the indication at issue
might in the future designate the geographical origin of those services.
60
(c) 'OLDENBURGER'
Case T-295/01
61
concerned an application for a community trade mark for the
word 'OLDENBURGER' in relation to milk and dairy products within Classes
29, 30 and 32 of the Nice Agreement. The examiner at OHIM rejected the
application on the ground that the word claimed was capable of constituting an
indication of geographical origin that referred to a German region known for
producing the goods identified in the application, and that there was a public
6.43
56
Ibid, at paras 44-5.
57
Ibid, at para 47.
58
Ibid, at paras 48-9.
59
Ibid, at para 50.
60
Ibid, para 51.
61
Nordmilch eG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
(Community
trade mark) [2003] EUECJ T-295/01 (15 October 2003) .
