On May 23, 2008, a French Court of First Instance regarded SPORT NUTRITION CENTER as distinctive for health foods. Even if “NUTRITION” could be considered as descriptive, the judge considered the mark as an arbitrary combination of words for such products.
This decision shows that a combination of descriptive words may be distinctive depending on the overall meaning and based on a case by case analysis. It leaves French practice on a less strict level compared to the OHIM approach in similar circumstances.