Confectionery appeals arrive at a pasty end
is non surprised that, inwards Cases C-24/05 P as well as C-25/-05 P August Storck KG v OHIM, the European Court of Justice dismissed the appeals of August Storck KG against the Court of First Instance's dismissal of its appeals against the Board of Appeal's dismissal of its appeal against the examiner's thoroughly right conclusion to turn down registration of its three-dimensional marks (depicted here) equally Community merchandise marks.
The Kat is horrified to come across how much fourth dimension as well as endeavour has been expended inwards demonstrating, inwards damage of audio legal logic, that these totally unmeritorious non-marks are unregistrable. These rulings are 78 as well as 89 paragraphs long, respectively. Contrast this alongside the actually of import cases: Adidas v Fitnessworld was solely 42 paragraphs long, Sabel v Puma 27 as well as fifty-fifty Windsurfing-Chiemsee (remember how endlessly long it was at the fourth dimension it came out) was simply 55 paragraphs.
Never mind, says Merpel: the applicant's production is quite delicious as well as is recognised past times the populace nether quite a pop merchandise mark, the give-and-take score WERTHERS.
More on August Storck here
Werthers Original here
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