The applicant sought registration of the mark ‘Linkin Park’ under the classifications including posters. The name had been used by a music band, and objection was made, saying it would jeopardise the guarantee of origin associated with the name.
Held: ‘The purchasers, and potential purchasers, of posters etc. purchase particular posters because they represent something to them. In this case the name LINKIN PARK represents the band who produces music to which the purchaser enjoys listening The name LINKIN PARK appearing on posters etc. is the subject matter of the goods which itself is an essential characteristic of such goods.’ The mark applied for consisted exclusively of a sign which may serve in trade to designate the kind and intended purpose of the goods and services and was excluded from registration by Section 3(1)(c) of the Act.
England and Wales
Cited – Arsenal Football Club plc v Reed ECJ 12-Nov-2002
The trade mark owner sought orders against a street vendor who sold articles using their marks. He asserted that the marks were not attached to show any quality, but were used by the fans as badges of allegiance.
Held: The function of a trade . .
Cited – Office for Harmonisation in the Internal Market (Trade Marks and Designs) v Wm. Wrigley Jr. Company ECJ 23-Oct-2003
In order for OHIM to refuse to register a trade mark under Article 7(1)(c) of Regulation No 40/94, it is not necessary that the signs and indications composing the mark that are referred to in that article actually be in use at the time of the . .
Cited – Zapf Creation v OHMI (New Born Baby) ECFI 3-Oct-2001
(Opinion) ‘It is an essential characteristic of many toys, and of all those classed as dolls, that they represent something. The characteristics of a toy motorcycle differ from those of a toy giraffe, and are certain to be perceived immediately by . .
Cited – Arsenal Football Club Plc v Reed CA 21-May-2003
The claimant had obtained a judgment in the European Court on reference from the Chancery Division as to its claim against the defendant. On attempting to have that judgement enforced, the Chancery court found that the European Court had made a . .
Cited – Linde AG, Winward Industries Inc and Rado Uhren AG ECJ 8-Apr-2003
Applications for the registration of three dimensional trade marks had been referred to the court on the question of whether they could be refused for lack of distinctiveness.
Held: The tests for three dimensional marks were no more strict . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 April 2022; Ref: scu.200138