Peek & Cloppenburg KG v European Union Intellectual Property Office (T-379/03)

Judgment of 25 Oct 2005

law://eu/cjeu/2003/t-379-03/para_38@2026-11-12

38In making that assessment the Office is bound to establish that the geographical name is known to the relevant class of persons as the designation of a place. What is more, the name in question must suggest a current association, in the mind of the relevant class of persons, with the category of goods or services in question, or else it must be reasonable to assume that such a name may, in the view of those persons, designate the geographical origin of that category of goods or services. In making that assessment, particular consideration should be given to the relevant class of persons' degree of familiarity with the geographical name in question, with the characteristics of the place designated by that name, and with the category of goods or services concerned (see, by analogy, Windsurfing Chiemsee, paragraph 37 and paragraph 1 of the operative part).

Peek & Cloppenburg KG v European Union Intellectual Property Office (T-379/03)

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