First hearing in a case relating to the registration of a Community trade mark
The function of the Office for Harmonisation of the Internal Market ("OHIM"), based in Alicante, is to promote and supervise the administration of trade marks and designs at European Union level. A Community trade mark may be acquired by registration at OHIM. It may not be registered, transferred or declared invalid save in respect of the whole Community. A mark is registrable for renewable periods of ten years and the rules of law governing Community marks are similar to those applied in respect of national trade marks in each Member State.
A Community trade mark is acquired through the operation of a single procedure system and confers exclusive rights on the proprietor which are valid throughout all the Member States of the European Union. It is protected on the whole of the European market.
In April 1996, Proctor & Gamble applied to OHIM for registration of its mark "BABY-DRY" as a Community trade mark for "disposable diapers made out of paper or cellulose" and "diapers made out of textile".
The application was refused by the OHIM examiner on the ground that the mark was descriptive and thus devoid of distinctive character.
Proctor & Gamble appealed against that decision to the OHIM Board of Appeal. The appeal was dismissed on 31 July 1998.
OHIM's decisions are amenable to judicial review before the Court of First Instance of the European Communities, and Proctor & Gamble brought an action before the Court of First Instance seeking annulment of the decision of the OHIM Board of Appeal.
The Second Chamber of the Court today heard the arguments p,resented by the parties.
Four actions have so far been brought before the Court of First Instance appealing against decisions of the OHIM Board of Appeal.
For media use only unofficial document which does not bind the Court of First Instance. Available in: English, German, French and Italian.
For additional information please contact Jessica Larsson, phone: (352) 4303 2033.