The General Court recently dismissed an appeal brought by the appellant, Bora Creations SL, against OHIM's refusal to register 'GEL NAILS AT HOME' as a trade mark for goods in classes 3, 8, 11 and 21.
At first instance, the mark was held to be descriptive as it could be understood by the relevant public as a goods for use in the home. OHIM maintained that the combination of words "gel nails at home" is commonplace in English and requires no additional effort to understand the meaning of the mark.
The General Court confirmed that the mark was descriptive and lacked distinctiveness, pursuant to Articles 7 (1)(c) of Regulation No 207/2009 and 7 (1)(b) of the Community Trade Mark Regulation.
Full details of the case, T-140/14, are currently only available in French or German.Posted by: in: Case Law, News, Trade Marks