Bad Smell At The EUIPO

The word mark AROMA had been registered as an EUTM in respect of various electrical cooking utensils including juicers, food processors, convection cooking ovens, bread makers, sandwich makers and hot plates. An application was filed to declare the mark invalid on the basis that AROMA was descriptive and non-distinctive of the goods covered.

Initially, the Cancellation Division rejected the declaration for invalidity. On appeal the Fourth Board of Appeal found that the word AROMA had the same meaning as, for example, smell or fragrance and that there therefore was a link between the goods covered by the registration and the mark such that the registration was descriptive and therefore non-distinctive. The registered proprietor appealed to the General Court.