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EU Court backs IP Office assertion that supplement trademark is “devoid of distinctive character”

13th June 2019


EU Court backs IP Office assertion that supplement trademark is “devoid of distinctive character”

The European Union’s (EU) General Court has backed the European Union Intellectual Property Office’s (EUIPO) decision to reject the registration of a trademark supplement arguing that it was “devoid of distinctive character.”

You can read the full article HERE

 

Food Labelling Services comments:

As of 12th December 2012, the use of the word ‘Probiotic’ was banned as there are no approved claims on the Health and Nutrition Claims Register (NHCR), and the European Commission felt that even the use of the word ‘Probiotic’ was an implied health claim, which is prohibited. Bio is also considered as a health claim, as it is an implied health claim. 

in addition it was noted that under Article 7(1)(b) of Regulation 2017/1001, trademarks which are devoid of any distinctive character must not be registered.



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