Particular Particle Pattern Problems – Case Note for ITMA Review

In this case note to be published in the ITMA Review, Lucy Cundliffe looks at the recent General Court decisions T-77/14, T-94/14, T-143/14, T-144/14 upholding the refusal to register Community Trade Mark applications by EE Ltd for four signs representing their “white particle pattern” brand imagery. These decisions are useful reminders that the hurdle for acceptance of a sign as inherently distinctive is very difficult for “non-standard signs” such as colour combination marks to clear.

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