Court of Justice (Ninth Chamber), Order, 11 May 2016, in case C‑636/15 P (August Storck KG v. EUIPO)
Regulation (EC) No 207/2009 — Article 7(1)(b)— Descriptive character —Word sign ‘2good’
Marks made up of signs or indications that are also used as advertising slogans can express an objective message, even a simple one, and still be capable of indicating to the consumer the commercial origin of the goods or services in question, particularly where those marks are not merely an ordinary advertising message, but possess a certain originality or resonance, requiring at least some interpretation by the relevant public. The expression ‘2good’ would only be perceived as laudatory with regard to the gustatory qualities of the products concerned and, therefore, not in any way as an indication of origin.
categoria:European Case Law