Notes

LINK Therefore, the legal system adopts rules against appropriating inherently descriptive and generic names as trademarks in order to avoid the monopolisation of the used language for the benefit of one business and to the detriment of others.43 Protection of this kind would be sure not to affect the competitive structure of the market, while also being unlikely to cause any deadweight loss. This is described as the “protective function” that lies within the descriptiveness provisions for rejection on absolute grounds found within trademark law. The provision of descriptiveness also has a “distinguishing function” for the consumer to distinguish the origin of the goods, as explained above. Each of these functions of trademarks comes to serve a certain public interest. (https://webcache.googleusercontent.com/search?q=cache:VE3rXAGzPmwJ:https://euipo.europa.eu/knowledge/pluginfile.php/28196/mod_data/content/207/HAMAM_Roba.pdf+&cd=1&hl=ro&ct=clnk&gl=ro )

AP The public interest underlying Article 7(1)(c) CTMR is that exclusive rights should not exist for purely descriptive terms which other traders might wish to use as well. However, it is not necessary for the examiner to show that there is already a descriptive use by the applicant or its competitors. Consequently, the number of competitors that could be affected is totally irrelevant. Therefore, if a word is descriptive in its ordinary and plain meaning, this ground for refusal cannot be overcome by showing that the applicant is the only person who produces, or is capable of producing, the goods in question.

Iphone Pursuant to Article 52(1)(a) and (3) CTMR, a Community trade mark shall be declared invalid on application to the Office where the Community trade mark has been registered contrary to the provisions of Article 7 CTMR. Where the ground for invalidity exists in respect of only some of the goods or services for which the Community trade mark is registered, it shall be declared invalid as regards those goods or services only.