Nurseryroom Also Descriptive For English-Speaking Consumers

In Case T-173/03 Geddes v OHIM, decided yesterday, the Court of First Instance denied registration to Anne Geddes' discussion rate sought NURSERYROOM, which she had tried to register equally a Community merchandise rate for goods inward Classes 16, 18, 21, 25 too 28 including booties, layettes, nappies, cards, plates too cups, babe clothing, plush toys too mobiles. OHIM refused the application, proverb that NURSERYROOM, beingness made upward of the descriptive damage Nursery- too –room, consisted solely of words that related to the description or nature of the goods themselves too that the rate was accordingly barred from registration nether Article 7(1)(c) of Regulation 40/94). Geddes appealed to the CFI.

Applying the principles seat downwards yesteryear the European Court of Justice itself inward Case C-191/01 P Wrigley v OHIM , the CFI concluded that the fact that the discussion “nurseryroom” powerfulness convey a multifariousness of meanings or connotations would non salvage it from beingness unregistrable nether Article 7(1)(c) if only ane of those meanings designated a feature of the goods or services for which registration was sought.

says there's zip controversial inward this rather routine decision: the CFI gives the Board of Appeal's analysis a build clean nib of wellness on both procedural too noun grounds.

Nurseryrooms here, nurseryrhymes here