Law Regarding Trade Marks and Trade Names

摘要

1. According to Article 4 Regulation No. 40/94, letters are among the categories of signs of which a Community trade mark may consist, provided that they are capable of distinguishing the goods or services of one undertaking from those of other undertakings. The criteria for the assessment of distinctive character - as laid down in settled case law - are the same for different categories of marks (including single letter-marks - in casu: "a"). While this is so, it may be that, for the purposes of applying these criteria, the relevant public's perception is not necessarily the same in relation to each of the categories and it could therefore prove more difficult to establish distinctiveness in relation to marks of certain categories as compared with marks of other categories. Difficulties in establishing distinctiveness that may be associated with certain categories of marks because of their very nature do not justify laying down specific criteria supplementing or derogating from application of the criterion of distinctiveness as interpreted in case law. Particularly as it may prove more difficult to establish distinctiveness for marks consisting of a single letter than for other word marks, OHIM is required to assess whether the sign at issue is capable of distinguishing the different goods and services in the context of an examination, based on the facts, focusing on those goods or services.