EUIPO forced to reverse Aragón ceramics TM decision
The European Union Intellectual Property Office (EUIPO) has reversed an earlier decision refusing registration of a Spanish ceramics company’s trademark for ‘Gres Aragón’.
A decision issued earlier this month by an EUIPO appeals board means that ceramics manufacturer Gres de Aragón’s trademark can now proceed to registration.
The decision comes on instruction of the EU General Court, which ruled in the Spanish company’s favour against the EUIPO last December.
In its original 2017 ruling, the EUIPO said that Gres de Aragón’s mark lacked distinctiveness because it would simply indicate ceramics coming from the Aragón region of Spain.
But the General Court was persuaded by Gres de Aragón’s argument that consumers would not associate ceramic products with the region.
Consumers were more likely to see ‘Gres Aragón’ as a trademark rather than an indicator of geographical origin, the court concluded.
The EUIPO failed to investigate any potential link between the Aragón region and the applied-for ceramics goods and services in classes 19 and 35, the General Court decision noted.
“It has not specified the reasons why, in its opinion, it would not be appropriate in this case to carry out such an examination,” the General Court decision said.
The office later argued before the court that Aragón was known for the use of ceramics in its architecture and also as a place of ceramics production. The court dismissed this argument because it had not formed part of the EUIPO’s original refusal, although it said it would not have been sufficient anyway.
The case was sent back to a separate EUIPO appeals board, which has now affirmed the General Court ruling after completing its own proceedings.
“... the Board sees no other element or factor that might demonstrate that Aragón has a reputation,” for ceramics production, a translated version of the appeals board decision said.
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