General reasoning ground CJEU with regard to each group of goods which it had established within that class

Print this page 17-12-2013
IPPT20131017, CJEU, Isdin v OHIM

TRADE MARK LAW

 

General reasoning ground for refusal mark insufficient in respect of non-homogeneous groups of goods or services within the same class.


"28. In the present case, the General Court itself drew a distinction between goods within the same class of the Nice Agreement on the basis of the conditions under which they are marketed. Consequently, it was incumbent on the General Court to set out reasons for its decision with regard to each group of goods which it had established within that class.
 

29. Since such reasoning is lacking with regard to the goods in Class 5 other than those listed in paragraph 40 of the judgment under appeal – namely food for babies, materials for dressings, disinfectants, preparations for destroying vermin, fungicides, herbicides – that judgment does not enable the persons concerned to know the grounds on which the General Court based, in that regard, its annulment of the contested decision or provide the Court of Justice with sufficient material for it to exercise its powers of review within the context of the present appeal."

 

IPPT20131017, CJEU, Isdin v OHIM

 

C-597/12 P - ECLI:EU:C:2013:672