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Ford Motor Co v OHIM

[2008] E.C.R. II-3411

Case summary last updated at 31/01/2020 16:43 by the Oxbridge Notes in-house law team.

Judgement for the case Ford Motor Co v OHIM

Ford sought to register mark ‘OPTIONS’ as CTM. Was rejected as lacking distinctiveness in England and France, but Ford pointed to evidence of acquired distinctiveness in England. Held:
·       CTMs are unitary
Ø  Therefore to be registered, any CTM must be equally distinctive across EU.
·       Does not suffice that mark has acquired distinctiveness in a substantial part of the Community
·       On facts, Even if it had acquired distinctiveness in English, ‘OPTIONS’ was not distinctive in France

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