When applying for a trade mark, it needs to be borne in mind that a trade mark should not monopolise a sign that merely describes the goods and/or services that it seeks to protect.
When applying for an EU Community Trade Mark (CTM), examiners will consider words in the mark and the description of the goods or services by reference to the Community as a whole. If, for example, a trade mark consists of a word in an application made in English and that word in French is the name of the goods or services for which protection is sought, then the examiner must object.
It is therefore worth checking in advance of application that the wording of a trade mark does not mean or describe the goods or services that it seeks to protect in one of the community languages, which would result in a refusal of the mark.
For further examples and explanation read our blog on patent and trade mark translation.
