Blind Test

On May 16, 2008, tthe Paris Court of Appeal considered the marks BLIND TEST as distinctive in respect of “discs, games, phonographic records”.

For the judge, the proofs submitted were not sufficient to consistently establish that this expression was commonly used in the French language at the date of filing.

The appreciation of the distinctiveness of “BLIND TEST” would certainly be different today given the widespread use of this term for musical games, especially if brought before the OHIM.

Laisser un commentaire