12 Pages Posted: 30 Jun 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.
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: Suggested Citation
Ryan, Patrick S., 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). Columbia Journal of European Law, Vol. 10, No. 2, p. 393, 2004. Available at SSRN: https://ssrn.com/abstract=559702