Osho Lotus Commune v EUIPO - Osho International Foundation (OSHO) (Judgment) French Text [2017] EUECJ T-670/15 (11 October 2017)

Osho Lotus Commune v EUIPO - Osho International Foundation (OSHO) (Judgment) French Text [2017] EUECJ T-670/15 (11 October 2017)

The evidence did not show that, at the time of filing, 'OSHO' was perceived by a significant part of the relevant public as descriptive of the content or characteristics of meditation, yoga, education, or religious services. The term referred primarily to a person or his teachings, not to a type of service. There...

Source-derived case information.

Citation
[2017] EUECJ T-670/15
Parties
Applicant: Osho Lotus Commune eV; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: Osho International Foundation
Jurisdiction
European Union
Procedural Posture
EU Trademark Nullity Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed; contested decision upheld.
Legal Topics
EU Trademark Law, Absolute Grounds for Refusal, Descriptiveness, Distinctiveness, Public Order, Freedom of Religion
Intellectual Property European Union Law EU Trademark Law Absolute Grounds for Refusal Descriptiveness Distinctiveness Public Order Freedom of Religion

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Parties

Osho Lotus Commune eV

Applicant

Office de l’Union européenne pour la propriété intellectuelle (EUIPO)

Respondent

Osho International Foundation

Intervener

Procedural Posture

EU Trademark Nullity Appeal / Judgment on Appeal From EUIPO Board of Appeal

  1. 1 Whether the term 'OSHO' is descriptive for the relevant services under Article 7(1)(c) of Regulation No 207/2009
  2. 2 Whether the term 'OSHO' lacks distinctiveness under Article 7(1)(b) of Regulation No 207/2009
  3. 3 Whether registration of 'OSHO' is contrary to public order under Article 7(1)(f) of Regulation No 207/2009

Ratio Decidendi

The evidence did not show that, at the time of filing, 'OSHO' was perceived by a significant part of the relevant public as descriptive of the content or characteristics of meditation, yoga, education, or religious services. The term referred primarily to a person or his teachings, not to a type of service. There was no basis to find lack of distinctiveness or that registration was contrary to public order.

Court Disposition

Appeal dismissed; contested decision upheld.

Orders

  • The action is dismissed.
  • Applicant to bear its own costs and those of EUIPO and the intervener.