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)

12 Pages Posted: 30 Jun 2004

Abstract

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.

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

Suggested Citation

Ryan, Patrick, 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). Available at SSRN: https://ssrn.com/abstract=559702

Patrick Ryan (Contact Author)

Berkeley Law ( email )

United States
303-669-5710 (Phone)

Stanford University ( email )

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