Laudatory Slogans Have A Future As Trademarks

A frequently recurring problem in connection with CTMs is the issue of registrability of slogans or other laudatory advertising statements. In a recent decision the General Court added additional interesting criteria.^[1]

Rexair LLC obtained the registration of the CTM No. 6668073 WET DUST CAN'T FLY in classes 3, 7 and 37. This trademark was not objected to by the examiner and a trademark certificate was issued. Subsequently, this trademark was contested by Pro-Aqua International GmbH by means of an application for a declaration of invalidity on the basis of Articles 7 (1) (b) and (c) of Regulation No. 207/2009 (CTMR). This application was rejected by the Cancellation Division of the OHIM and its decision was confirmed by the Second Board of Appeal of the OHIM. The General Court again confirmed this decision of the Second Board of Appeal with the cited judgement.