In OHIM v Wrigley, the European Court of Justice (ECJ) remitted Wrigley's application to register the give-and-take rank DOUBLEMINT every bit a merchandise rank for chewing paste too other goods to the Court of First Instance (CFI), later on ruling at paragraph 35 that the CFI had failed to reckon whether the give-and-take "doublemint" was "capable of beingness used past times other economical operators to designate a feature of their goods too services". The phrase "other economical operators" attracted the IPKat's attending since the ECJ has non told us which economical operators it means. Presumably it includes other chewing paste manufacturers, but who else is included inward this august category -- too how create nosotros know which economical operators to consider? Should nosotros but hold off at undertakings that bargain inward identical goods? Similar goods? Complementary goods? All goods?
The commons prize volition move sent to the showtime reader who tin plow over us a practiced answer to this lilliputian puzzle.
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