Cfi Trumps Carte Du Jour Application

The Court of First Instance of the European Communities ruled today inwards Joined Cases T-160/02 to 162/02 Naipes Heraclio Fournier v OHIM, French Republic Cartes SAS. Naipes applied to register these 3 pictures equally figurative Community merchandise marks for playing cards:



It after appeared that these images were amidst 23 such marks for which Naipes obtained CTM registration. Reversing the determination of the Cancellation Division, the Board of Appeal declared the registrations to survive invalid: they were both devoid of distinctive grapheme inside the pregnant of Article 7(1)(b) of Regulation 40/94 as well as descriptive inwards the feel of Article 7(1)(c), inwards that they would survive seen past times the average user of such playing cards equally representing characteristics of Castilian playing cards.

The Court of First Instance dismissed Naipes' appeal. In the court's ain words:

"47 ... the designs of the knight of clubs as well as the Rex of swords lead conjure upwards playing cards for the target public, fifty-fifty if a department of that world is non necessarily acquainted amongst Castilian playing cards. All persons who induce got played amongst whatever type of cards position inwards those drawings the representation of a playing card, given that the Rex as well as the knight are oftentimes used symbols on playing cards. That finding is non invalidated past times the fact that the department of Blue Planet unacquainted amongst Castilian playing cards is non necessarily capable of making a lead connectedness betwixt these drawings as well as the specific adapt as well as value of each of these 2 cards.

48 In whatever event, inwards the hear of the Castilian public, the drawings inwards interrogation lead designate the precise adapt as well as value of 2 Castilian playing cards. The potential Castilian consumer of playing cards volition perceive each of the signs inwards interrogation equally alluding to a specific card.

49 ... equally the applicant points out, although at that spot are numerous unlike representations enabling cards of a sure enough adapt to survive identified, every labor manufacturing as well as marketing Castilian playing cards of necessity uses the symbols of the knight as well as the gild to position the bill of fare having the value eleven of clubs or those of the Rex as well as the sword to position the bill of fare having the value 12 of swords. The applicant’s declaration that at that spot is no dominion or restriction at all equally to the form, adapt or details characterising the figures inwards the Castilian pack of cards cannot hence survive accepted.

50 Moreover, ... [Article 7(1)(c)] ... does non ... request that those signs or indications should survive the alone fashion of designating such characteristics ... The possibility of designing a knight, a king, a sword or a gild slightly differently hence does non detract from the fact that the marks inwards interrogation are descriptive of characteristics of playing cards.

51 Accordingly, as well as inwards special for the Castilian public, at that spot is a lead as well as specific association betwixt the marks inwards interrogation as well as playing cards".

, who agrees, is all the same baffled equally to how these misfortunate marks could e'er induce got been accepted for registration inwards the outset place.

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