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17 May 2013
Issue: 7560 / Categories: Case law , Law digest , In Court
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Trade marks

Bayerische Motoren Werke AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) T-145/12, [2013] All ER (D) 73 (May)
 

According to settled case-law, the marks referred to in Art 7(1)(b) of Council Regulation (EC) 207/2009 were those which were regarded as incapable of performing the essential function of a trade mark, namely that of identifying the commercial origin of the goods or services at issue, thus enabling the consumer who had acquired them to repeat the experience if it proved to be positive, or to avoid it if it proved to be negative, on the occasion of a subsequent acquisition. A minimum degree of distinctive character was, however, sufficient to render the absolute ground for refusal set out in Art 7(1)(b) of the Regulation inapplicable. The distinctive character of a sign should be assessed, first, by reference to the goods or services in respect of which the application for registration had been made and, secondly, by reference to the relevant public’s perception of the sign. Further, where, in the field to which

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

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Clarke Willmott—Lee Edwards

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Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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