Trademark MUCHMUSIC & Device” is Not Descriptive
01-Jul-2003
Recently, the IIPO rejected an application by “MUCHMUSIC & Device”, covering goods under Class 35, covering such services as “television broadcasting service, including terrestrial, cable and satellite broadcasting services, and computer, electronic mail, the Internet and other electronic media.”
After being referred to the court, a verdict favorable to the applicant was issued. The decision was based on the fact that the Persian translation of “MUCHMUSIC” had no meaning, and thus it would not confuse the consumers. Therefore the court deemed the IIPO decision to be without legal ground.
This case, and the consequent court decision has sent shockwaves in the ranks of the Iranian Intellectual Property Office (IIPO) and has forced their examiners to be more thorough when examining applications based on descriptiveness.