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ARTICLE · 14 JUNE 2013

Recent Developments In Intellectual Property Before The European Courts

Van Bael & Bellis
Van Bael & Bellis
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Van Bael & Bellis

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The General Court of the European Union recently upheld the decision of the Office of Harmonization for the Internal Market refusing protection of the word mark "RELY-ABLE".

European UnionIntellectual Property
Van Bael Bellis
Van Bael Bellis
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"RELY-ABLE" Lacks Distinctive Character

On 30 April 2013, the General Court of the European Union (the "General Court") upheld the decision of the Office of Harmonization for the Internal Market (the "OHIM") refusing protection of the word mark "RELY-ABLE".

The sign in question was deemed to lack a distinctive character and was therefore refused registration based on Article 7(1)(b) of the Community Trademark Regulation 207/2009 of 26 February 2009.

The applicant, which mainly performs clinical trials in the pharmaceuticals sector, challenged OHIM's decision before the General Court because it considered that OHIM had failed to take account of (i) the specialisation of the relevant public and the specificities of the services concerned and (ii) the distinctive features of the sign "RELY-ABLE".

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