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Harmonisation in the Internal Market v Wm Wrigley Jr Company ( DOUBLEMINT)

[2003] Case C-191/01 P

Case summary last updated at 31/01/2020 15:27 by the Oxbridge Notes in-house law team.

Judgement for the case Harmonisation in the Internal Market v Wm Wrigley Jr Company ( DOUBLEMINT)

Chewing gum company sought to register trademark “doublemint” in relation to a chewing gum. Held:
 
Facts
·       “Doublemint”simply indicated a doubling of mint flavour
Ø  The two individual words themselves were descriptive
Ø  And word as a whole was no different from sum of its parts
–       i.e. as only difference was that space between words had been subtracted
·       Thus was descriptive of goods characteristics
 
Multiple Meanings
·       Mark is excluded if at least one of its possible meanings is descriptive of goods
Ø  Even if some of its other possible meanings are not descriptive
·       Thus fact that there is ambiguity as to nature of mint involved (peppermint, spearmint) is irrelevant.
 
Futurity
·       Trade mark may be refused even if mark is not actually descriptive of goods at time of application
Ø  provided that it could be used for descriptive purposes

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