CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
Want to receive Class 46 by email?
Click here subscribe for free.
Click here subscribe for free.
Who we all are...
FRIDAY, 25 SEPTEMBER 2009
Napoleon's image is allowed as a trade mark for... very personal products
A rather embarrassing judgment of the Greek Council of State, which may irritate French readers of this blog, recently saw the light of day.
A Greek entity involved in the production of tissues, kitchen and toilet paper had filed for the registration (in connection with these products) of a compound mark consisting of an image of Napoleon with one hand in his coat and the other holding a toilet paper roll and the word indication "Napoleon" in Greek. The application was rejected on the basis of art. 3 para 2 (a) of the Greek Trade Marks Act (No. 2239/1994) and 6tris of the Paris Convention, as depicting a national symbol of France. Both the First Instance Administrative Court and the Court of Appeal shared the Office's view. However, on final appeal, the Council of State held that historical figures cannot be regarded as national or state symbols, under the meaning of the above provisions. Accordingly, it accepted the appeal and remanded the case to the Court of Appeal for final judgment. The Council of State did state its objections as to the aesthetics of the said mark, but ruled that it did not find it to violate public order or established morals.
Tags: Greece, Napoleon, national symbol, state symbol, France, public order, established morals,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA1434
Napoleon's image is allowed as a trade mark for... very personal products
A rather embarrassing judgment of the Greek Council of State, which may irritate French readers of this blog, recently saw the light of day.
Posted by: Nikos Prentoulis @ 11.41
Tags: Greece, Napoleon, national symbol, state symbol, France, public order, established morals,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA1434
Reader Comments: 1
Post a Comment
Submitted By:
28 September 2009 @ 09.19
I guess Napoleon finally faced his Water loo here....
28 September 2009 @ 09.19
I guess Napoleon finally faced his Water loo here....
MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.
The Class 46 Archive
