The average consumer in the present case
57.The question whether ‘Sivec’ designated a geographical origin of marble at the two relevant dates is to be assessed through the eyes of the average consumer. It was agreed that here the average consumer was a specialist dealer in marble or a person who advises their customers on the choice of materials to be used in a building, such as an architect or designer of interiors. Miss Himsworth emphasised that the average consumer came from within the EU, so this excluded Macedonia.
- HIS HONOUR JUDGE HACON
- Defendant
- Introduction
- The issues
- The law
- Whether use of the mark can be taken into account
- perception that arises in consequence of the use of the mark as a trade mark and thus as a result of the nature and effect of it, which make it capable of distinguishing the product concerned from those of other undertakings
- The necessary territorial extent of acquired distinctive character
- Summary of the law
- A significant proportion of the relevant class of persons
- The average consumer in the present case
- Acquired distinctive character under art.7(3)
- Use of the Trade Mark
- Whether actual knowledge of a geographical place is necessary under art.7(3)
- The messy reality of what relevant persons think
- The evidence
- Mr Mitchell
- Mr Charles
- Mr Rigopoulos
- Mr Malfas
- Summary
- August 2013 to March 2016
- Conclusion