The Office of Harmonization for the Internal Market (OHIM) has rejected an appeal to register the mark “NOT MADE IN CHINA” as a word mark and a figurative mark. The reason is that the mark could appear to be a description of the geographical origin of goods (a country other than China). Therefore, the mark would be contrary to the Community Trade Mark Regulations which prevents the registration of marks which may serve in trade to designate characteristics of goods and services. The decision confirms that marks can still be deemed to be descriptive even if negatively worded.
If you require any further information about Intellectual Property or Media related issues, please contact our IP specialist, Lucy Morgan of Follett Stock either by email at lucy.morgan@follettstock.co.uk, or by telephone on 01872 241700 or any other member of our IP team.
