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Journal of Intellectual Property Law & Practice Advance Access originally published online on May 9, 2006
Journal of Intellectual Property Law & Practice 2006 1(7):437-438; doi:10.1093/jiplp/jpl070
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© The author (2006). Published by Oxford University Press. All rights reserved.

Current Intelligence

Registration of terms borrowed from another language

Rebecca Mills
Herbert Smith LLP

In answer to a question referred by a Spanish Court in a dispute as to the validity of the Spanish trade mark MATRATZEN, the European Court of Justice (ECJ) has ruled that trade mark owners are not precluded by Article 3(1)(b) or (c) of the Trade Marks Directive (Council Directive 89/104) from registering in one Member State a term borrowed from another language, unless it can be demonstrated that relevant public in the Member State in which registration is sought are capable of identifying the meaning of the term.


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