The necessary territorial extent of acquired distinctive character
46.In Powerserv Personalservice GmbH v OHIM, C-553/08 P, EU:C:2009:745, the CJEU held (at [60]) that acquired distinctive character is established under art.7(3): “… only if evidence is provided that it has acquired, through the use which has been made of it, distinctive character in the part of the Community in which it initially had descriptive character for the purposes of Article 7(1)(c) (see, to that effect, Case C-25/05 P Storck v OHIM, paragraph 83).”
- 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