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Trade mark containing a term used to describe facilities or sites is descriptive (J.Portugal Ramos Vinhos v Adega Cooperative de Borba)

Trade mark containing a term used to describe facilities or sites is descriptive (J.Portugal Ramos Vinhos v Adega Cooperative de Borba)
Published on: 07 December 2018
Published by: LexisPSL
  • Trade mark containing a term used to describe facilities or sites is descriptive (J.Portugal Ramos Vinhos v Adega Cooperative de Borba)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

IP analysis: The Court of Justice has handed down a preliminary ruling on the interpretation of Article 3(1)(c) of Directive 2008/95/EC concerning whether a trade mark which designates wine products and includes a term that is commonly used to describe facilities or sites in which wine is produced could be regarded as descriptive. The court held that such facilities would constitute a characteristic of the goods or services and therefore fall within the scope of Article 3(1)(c). or take a trial to read the full analysis.

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