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Mineral water from Alaska, anyone?

This case is all about the question if the word “Alaska” unfolds descriptive character for beverages such as mineral water.

In 1998 the German brewery Schwarzbräu GmbH had registered a figurative Community trade mark consisting of the word “Alaska” and the picture of an ice bear on a sheet of ice (Nice class 32).  In 2001 the German beverage company Rhön-Sprudel Egon Schindel GmbH filed a request to declare the registration of this trade mark invalid, based on an alleged infringement of  Article 7(1)(c) Regulation (EC) No 40/94 (absolute ground for refusal for marks consisting exclusively of signs which indicate geographic origin). This request was rejected by the Cancellation Division. The appeal against this decision was also unsuccessful.

The Court of First Instance confirmed OHIM’s decisions. It did not see the mark having any descriptive character in relation to the goods concerned.

The relevant circles of the public do not make a connection between this mark, namely the word, Alaska (as a region) and as the origin of mineral water or other non-alcoholic beverages.

As far as Rhön-Sprudel had referred to a decision of the Federal Court of Switzerland, the court highlighted, that OHIM’s decisions were to be judged exclusively on the basis of Regulation (EC) No 40/94 and its interpretation by a Community Judge. Not really surprising, is it?

(European Court of First Instance, T‑225/08, 8. July 2009)

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