Geography Reference
In-Depth Information
provided he uses them in accordance with honest practices in industrial or
commercial matters; in particular, such a mark may not be invoked against a
third party who is entitled to use a geographical name.
For example, an application for the word mark 'ALICANTE' applied for tourist
services, should be refused under Art 7(1)(c) of the Community Trade Mark
Regulation if it is applied for as an individual Community trade mark, however
if it is validly applied for as a Community collective mark (ie it is applied for by
an association or a legal person governed by public law and it complies with the
other requirements of Community collective marks) and the regulations gov-
erning use of the mark contain the authorisation foreseen in Art 67(2), it will be
accepted under Art 7(1)(c) of the Community Trade Mark Regulation.
126
6.95
The OHIM Trade Marks Manual points out that the exception in Art 66(2)
exclusively applies to those signs which are descriptive of the geographical
origin of the goods and services and that if the Community collective mark is
descriptive of other characteristics of the goods or services, this exception does
not apply and the application will be refused under Art 7(1)(c).
127
6.96
(d) Prohibited applications
Article 68(1) provides that in addition to the grounds for refusal of a Com-
munity trade mark, application for non-compliance with formalities (Art 36)
and rejection upon examination (Art 38) and where Art 66 and regulations
promulgated under Art 67 are not satisfied, and application can be refused if
'contrary to public policy or to accepted principles of morality..
6.97
The OHIM Trade Marks Manual points out that this ground for refusal must
be differentiated from that contained in Art 7(1)(f ) of the Community Trade
Marks Regulation, which prohibits registration of those trade marks which are
by themselves contrary to public policy or to accepted principles of morality.
128
The refusal foreseen in Art 68(1) is said to refer to situations where, regardless
of the trade mark, the regulations governing use of the mark contain a provision
which is contrary to public policy or to accepted principles of morality, for
instance rules which discriminate on the grounds of sex, creed or race. For
example, if the regulations contain a clause which prohibits women from using
the mark, the Community collective mark will be refused, even if the trade mark
does not fall under Art 7(1)(f ) of the Community Trade Mark Regulation.
129
6.98
126
Ibid.
127
Ibid.
128
Ibid, at para 86.
129
Ibid.
