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What's The Divergence Betwixt A Machine As Well As A Teapot?


A friend of the IPKat has shared a delightful Board of Appeal determination amongst your favourite feline.

Peerless Systems Corporation applied to register PEERLESS every bit a CTM for software for printer controllers as well as estimator software for printer drivers as well as estimator drivers as well as estimator software as well as hardware for run amongst Light Amplification by Stimulated Emission of Radiation printers inwards Class 9. The OHIM examiner flora that the term was laudatory as well as thence lacked distinctiveness nether Art.7(1)(b) CTMR. Peerless appealed as well as the Board allowed the appeal.

- According to the 3rd edition of the Collins Concise English linguistic communication Dictionary, “peerless” agency “having no equals, matchless”. This meant that, at outset sight, the term appeared to move laudatory. However, the pregnant of the substantive “peer” from which “peerless” is derived suggests that the describing word is commonly reserved for persons, non things.
- Types of people tin move move described every bit “peerless” e.g. a “peerless sportsman”. Animals could metaphorically move described every bit “peerless” e.g. a dolphin could move described every bit a “peerless swimmer”. When it came to things though, solely goods which were dependent area to anthropomorphism could move described every bit “peerless”. This would include a auto for example, only non a teapot. In summary, goods invested amongst human attributes, could move referred to every bit ‘peerless’. Such goods were almost invariably sophisticated, aesthetically pleasing, as well as luxury items.

Bob

-Peerless’s software as well as hardware designed for treatment printing processes were non goods of a form out that would move dependent area to anthropomorphism. English-speaking consumers would never elevate to these goods every bit peerless. The usage of PEERLESS was old-fashioned as well as was peculiarly odd when applied to modern twenty-four hours hardware as well as software of involvement to the appellant.
- The examiner had been incorrect to discovery that PEERLESS lacked distinctiveness for Peerless’ goods.
- The Board also used a Google search as well as the fact that the United Kingdom of Great Britain as well as Northern Ireland had allowed the registration inwards back upwards of this result.

Not Bob

thinks that inwards taking a highly literal approach to the lexicon Definition of the give-and-take “peer”, OHIM does non look to convey correctly understood the way that the term “peerless” is used inwards English. Merpel points out that every bit an anthropomorphic fictional feline, it hardly befits the IPKat to criticise OHIM here.

Peers here, here as well as here

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