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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.

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