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Journal of Intellectual Property Law & Practice Advance Access published online on November 13, 2006
Journal of Intellectual Property Law & Practice, doi:10.1093/jiplp/jpl187
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© The Author (2006). Published by Oxford University Press. All rights reserved.

Current Intelligence

BOA constricted by Community trade mark law

Jeremy Phillips 1
1 Editor, JIPLP


  Abstract

The registrability of a descriptive and non-distinctive word as a Community trade mark cannot be secured by reliance on the argument that the word also has a second, entirely non-descriptive meaning, if the likelihood is that the relevant consuming public, when seeing that sign on the goods for which registration is sought, would view it as conveying its descriptive and non-distinctive meaning.


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