Double Your Pleasure: "Doublemint" Mark Refused CTM Registration.

Mondaq Business Briefing, December, 2003

In a case relating to the test to be applied in deciding whether a work mark is capable of distinguishing the goods of one from another, the European Court of Justice (ECJ) reversed the lower court ruling that mark "Doublemint" was not registrable for chewing gum in the European Union (EU) absent evidence of distinctiveness. OHIM v. Wm Wrigley Company (DOUBLEMINT), ECJ Case C-191/01P.

Under Community Trade Marks (CTM) practice marks, which "consist exclusively of signs or indications which may serve in trade to designate the kind, quality, quantity intended purpose, value ... or other characteristics of the goods or services" (emphasis added) are not registrable.

The question before the ECJ involved the correct test to apply to determine if the mark...