Procter & Gamble Co. v OHIM
| Procter & Gamble Co. v OHIM | |
|---|---|
| Decided 20 September 2001 | |
| Full case name | Procter & Gamble Company v Office for Harmonisation in the Internal Market (Trade Marks and Designs) |
| Case | C-383/99 |
| CelexID | 61999CJ0383 |
| ECLI | ECLI:EU:C:2001:461 |
| Case type | Appeal against Court of First Instance decision |
| Court composition | |
| Advocate General F.G. Jacobs | |
Procter & Gamble v. Office for Harmonization in the Internal Market (the 'BABY-DRY' case) is a case before the European Court of Justice about the registration of 'BABY-DRY' as a trademark for baby diapers. OHIM refused the registration of the brand as a community mark saying that 'BABY-DRY' wasn't distinctive, but instead that it was descriptive without a secondary meaning.
The Court ruled that trademarks consisting of certain word combinations not used in a common phraseology may be deemed creations, bestowing distinctive power on the trademark. If the relevant goods or services or their essential characteristics are so formed, then they may be refused registration on the grounds that such marks are solely descriptive and non-distinctive.