On April 19, 2007, the Court of Justice of the European Communities confirmed that CELLTECH could mature into registration in classes 5, 10 and 42.

When rejecting that mark, the OHIM had not provided evidence of descriptiveness, for example, by referring to scientific literature. Such proof was required as the existence and nature of cell technology for the products involved was not a well-known fact.

This requirement for justification, on the basis of a lack of well-known facts, may be a welcome tool in contesting non-evidenced OHIM refusals.

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