IPPT20100909, CJEU, OHIM v BORCO

TRADEMARK LAW

Distinctive character
• Whether a sign is capable of distinguishing as a trademark has to be assessed in the context of an examination, based on facts
• it is not open to OHIM, without relevant justification, to rely on conjecture or mere doubts
• OHIM is required to examine, of its own motion, the relevant facts – no reversal of burden of proof

IPPT20100909, CJEU, OHIM v BORCO