Date of decision: 18.01.18

Reg 207/2009

Application

Dual Edge

  • Smart phones; portable communications apparatus; monitors for computers; monitors for commercial purposes; apparatus for recording, transmission or reproduction of sound and images; television receivers (TV sets); wearable smart phones; cases for mobile phones; stands for mobile phones; stylus for smart phones (9

Commentary

The GC upheld the BoA's decision that the mark was descriptive and lacked distinctive character pursuant to Arts 7(1)(b) and 7(1)(c). 

The term DUAL EDGE was used on the market at the time of the application to designate an innovative characteristic of screens (including mobile phone screens) namely the fact that those screens were curved on two sides.

The expression DUAL EDGE was therefore liable to be recognised by the relevant public as a description of a characteristic of mobile phones and other devices with screens. The BoA correctly extended the conclusion that the term DUAL EDGE was of certain accessories for mobile phones as they were ancillary to and closely connected to mobile phones.

On the basis of the descriptive nature of the mark, there was no requirement for the BoA to consider registrability under Art 7(1)(b).