Judgments are like pictures. They only represent the situation as it is at a certain point in time. It is only when you put the stills in a sequence one after the other that you get a movie and can understand how the story may develop further.
By analysing two years of case law from the Court of First Instance, one can understand how the jurisprudence on Community trade marks is developing and where further reflection is needed.
This article reviews the case-law of the years 2006–2007 regarding various aspects of trade marks and discusses the direction taken by the Court of First Instance in relation to the distinctiveness of single-letter trade marks and three-dimensional signs; the descriptiveness of slogans; signs which have become customary; the definition of relevant circles and the kind and geographical scope of evidence which is to be considered in determining whether distinctiveness has been acquired; the relationship between trade marks and geographical indications; the aesthetically complementary relationship between clothing and leather accessories; the importance of the dominant element in assessing the similarity of the signs; the relevant public for medicines; families of trade marks; the genuine use of earlier signs; applications made in bad faith; the dilution of reputed trade marks; and procedural issues at the level of the Opposition Division and Board of Appeal.