US chewing gum maker Wrigley has suffered a setback in its battle to protect the trademark of its Doublemint brand across the European Union.
Advocate general Francis Jacobs said that the name Doublemint only described the characteristics of the gum and could not be registered as a trademark.
The ruling goes against an earlier decision by a lower Court and is not binding on the European Court of Justice, which will decide on the Wrigley case within the next few months.
European trademark officials denied Wrigley EU-wide protection in 1998. But Wrigley appealed and won, which prompted trademark officials to go back to the European Court of Justice.
An EU-wide trademark reduces administrative costs by stopping trademark infringements through the application of just one injunction. Whereas holders of single country trademarks must go from one jurisdiction to another to enforce their intellectual property rights.
Advocate general Francis Jacobs said that the name Doublemint only described the characteristics of the gum and could not be registered as a trademark.
The ruling goes against an earlier decision by a lower Court and is not binding on the European Court of Justice, which will decide on the Wrigley case within the next few months.
European trademark officials denied Wrigley EU-wide protection in 1998. But Wrigley appealed and won, which prompted trademark officials to go back to the European Court of Justice.
An EU-wide trademark reduces administrative costs by stopping trademark infringements through the application of just one injunction. Whereas holders of single country trademarks must go from one jurisdiction to another to enforce their intellectual property rights.
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