Should the above sign be permitted registration for cigarettes
and tobacco products? This was the question before the EU General
Court.
In brief, the General Court upheld the decisions of the
EUIPO and the Board of Appeal and ruled that the
sign was not registrable. The General Court's reasoning was
that the mark clearly had a laudatory and promotional meaning for
the goods concerned; that it would suggest to the relevant public
the idea of "number 1 brand" for the goods; and consumers
would not perceive any indication of commercial origin, only the
promotional information that the mark is "number 1".
In reaching its decision, the Court first confirmed the position
that a mark having a laudatory connotation does not itself mean
that it is not registrable. A mark will be registrable where it
will be seen by the public as both a promotional formula and as an
indication of origin.
