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Journal of Intellectual Property Law & Practice Advance Access originally published online on July 26, 2007
Journal of Intellectual Property Law & Practice 2007 2(9):582-584; doi:10.1093/jiplp/jpm123
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© The Author (2007). Published by Oxford University Press. All rights reserved

Current Intelligence

Considering combinations

Phillip Johnson
Barrister, 7 New Square (formerly legal adviser to the Patent Office 2003-7)

OHIM v Celltech R & D C-273/05, Advocate-General's Opinion 14 December 2006, Court of Justice of the European Communities, 19 April 2007

Where a mark comprises the combination of two descriptive words, the whole combination should be assessed to see whether it is descriptive. Accordingly, the previous practice at OHIM of considering the descriptiveness of the individual elements and subsequently assessing whether the combination of those elements creates a sufficiently unusual variation is not correct.

Correspondence: Email: Phill_m_johnson{at}hotmail.com


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