Does it matter which Board of Appeal hears your case when it comes to the distinctiveness inquiry under article 7(1)(b)?

— An edited version of this article first appeared on IPKat on 12 November 2014 — Some recent decisions – and topical ones at that, with the holiday season imminently approaching for this new father (hi Jack and Willy!) – relating to the treatment of 2D and 3D marks for toys suggest that there might read more...
Subjects: Trade marks

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OHIM’s Boards of Appeal taking a hard line on absolute grounds against stylised marks, but is this on the right basis?

Not so long ago, one could simply add a flourish to an entirely descriptive word in order to achieve registration without an objection based on absolute grounds. Well, it looks like we can confidently say that those days are long gone, at least insofar as OHIM’s Board of Appeal is concerned. A look over April read more...
Subjects: Trade marks

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