Wella fails to tame CFI

    October 2009

    Wella AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) Case T-471/07

    Background

    Since January 2006, Wella AG ("Wella") have owned an international registration of the mark TAME IT in class 3 for "soaps, perfumes, essential oils, cosmetics, hair lotions, dentifrices" (the "Mark"). In April 2006, OHIM received a request for territorial extension of the Mark to the European Community under the Madrid Protocol.

    OHIM subsequently issued a notification that the designation had been provisionally refused because that the Mark lacked distinctive character within the meaning of Article 7(1)(b) of Council Regulation (EC) 40/94 (the "Regulation") and hence was incapable of identifying the commercial origin of the goods in question.

    Despite a response by Wella challenging the provisional refusal, the examiner confirmed the refusal. Wella appealed against the examiner's decision.

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