Ford Motor Co v OHIM [2008] E.C.R. II-3411
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:13:35 UTC
Ford sought to register mark ‘OPTIONS’ as Community Trademark (CTM).
Was rejected as lacking distinctiveness in England and France, but Ford pointed to evidence of acquired distinctiveness in England.
Held
-
CTMs are unitary
Therefore to be registered, any CTM must be equally distinctive across EU.
Does not suffice that mark has acquired distinctiveness in a substantial part of the Community
On facts, Even if it had acquired distinctiveness in English, ‘OPTIONS’ was not distinctive in France
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