IPPT20100121, CJEU, Audi v OHIM

21-01-2010 Print this page
IPPT20100121

TRADEMARK LAW


Advertising slogan can be a mark:
• On that point, it should be noted that the laudatory connotation of a word mark does not mean that it cannot be appropriate for the purposes of guaranteeing to consumers the origin of the goods or services which it covers. Thus, such a mark can be perceived by the relevant public both as a promotional formula and as an indication of the commercial origin of goods or services.

 

Distinctive character advertising message:
• That can be the position, in particular, where those marks are not merely an ordinary advertising message, but possess a certain originality or reso-nance, requiring at least some interpretation by the relevant public, or setting off a cognitive process in the minds of that public.

 

IPPT20100121, CJEU, Audi v OHIM