Procter & Gamble v Office for Harmonization in the Internal Market (Baby Dry case)

[2001] Case C-383/99 P

Case summary last updated at 31/01/2020 15:21 by the Oxbridge Notes in-house law team.

Judgement for the case Procter & Gamble v Office for Harmonization in the Internal Market (Baby Dry case)

Company sought to register trade mark ‘Baby Dry’ in relation to nappies. Held:

· “Baby dry” was a lexical invention

· Thus as a whole, mark was not descriptive

Ø Juxtaposition of words was unfamiliar in English language

Ø Combination of words was not used to describe either nappies or their characteristics

· This was case even though individual words themselves were descriptive.