IP case law Court of Justice

Deceptive

1.(g) trade marks which are of such a nature as to deceive the public, for instance as to the nature, quality or geographicai origin of the goods or service;

2 preliminary rulings


Judgment of 8 Jun 2017, C-689/15 (W. F. Gözze Frottierweberei)

Article 52(1)(a) and Article 7(1)(g) of Regulation No 207/2009 must be interpreted as meaning that an individual mark cannot be declared invalid, on the basis of a joint application of those provisions, because the proprietor of the mark fails to ensure, by carrying out periodic quality controls at its licensees, that expectations relating to the quality which the public associates with the mark are being met.

Judgment of 30 Mar 2006, C-259/04 (Emanuel)

A trade mark corresponding to the name of the designer and first manufacturer of the goods bearing that mark may not, by reason of that particular feature alone, be refused registration on the ground that it would deceive the public, within the meaning of Article 3(1)(g) of Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks, in particular where the goodwill associated with that trade mark, previously registered in a different graphic form, has been assigned together with the business making the goods to which the mark relates.

1 appeal


Order of 30 Jan 2009, C-131/08 (Dorel Juvenile - SAFETY 1ST)