Groeten uit Spanje
Nieuwe nieuwsbrief van het OHIM, met o.a: “The applicant claimed distinctiveness acquired through the use of the colour orange for champagne wines.
The relevant consumer of champagne is not the general public but a specific and attentive sector of the general public: champagne being an expensive wine usually consumed on special occasions.
The Board took into account the evidence provided (i.e. high sales in many EU countries and high market share in those countries, lots of publicity, catalogues and press articles which mention and show the ‘orange colour’ for the Veuve Clicquot Champagne; the national registrations in France, the United Kingdom and the Benelux; the national judgement of a Belgian Court about the likelihood of confusion between a Belgian beer and Veuve Clicquot Champagne because of the orange colour; the declaration of the General Director of the inter-professional committee of champagne wine stating that the applicant is the only producer which uses this colour for the champagnes) and decided to upheld the appeal, accepting distinctiveness acquired through the use of the colour orange for champagne. Finally, following the case-law in the ‘HAVE A BREAK’ judgment, the fact that the colour is used with other verbal or figurative elements did not exclude the distinctiveness acquired by the use of the colour. The appeal was allowed.”
R 0148/2004-2 (colour orange). Decision of the Second Board of Appeal of 26 April 2006 in Case R 0148/2004 (English)
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