DOUBLEMINT: Case C-191/01 P, Office for Harmonisation in the Internal Market (Trade Marks and Designs), v. Wm. Wrigley Jr. Company (E.C.J. October 23, 2003)
Patrick S. Ryan
Catholic University of Leuven (KUL) - Interdisciplinary Center for Law and Information Technology (ICRI); Google Inc.; University of Colorado at Boulder, Interdisciplinary Telecommunications Program
Columbia Journal of European Law, Vol. 10, No. 2, p. 393, 2004
This Commentary discusses Case C-191/01 P of the European Court of Justice, who refused to allow the Community-wide registration of the trademark DOUBLEMINT. The Court found that the word DOUBLEMINT was descriptive of the characteristics of the gum and in violation of Article 7(1)(c) of Regulation 40/94. This Commentary analyzes the Court's decision, the registration process in the Community, and the relevant European cases that are associated with the registration of descriptive words (e.g., Baby-Dry and Windsurfing Chiemsee).
In conclusion, the Commentary summarizes the patterns that have emerged from the European Court of Justice and provides guidance for the registration of descriptive (or quasi-descriptive) words in the European Union.
Number of Pages in PDF File: 12
Keywords: Intellectual Property, Community Trade Mark Regulation Article 7(1)(c), CTMR, Doublemint, Community Trademark, Absolute Grounds for Refusal, descriptiveness, Baby-Dry, Windsurfing Chiemsee
JEL Classification: O34, K10, K33
Date posted: June 30, 2004