Société des produits Nestlé v OHIM, EU General Court
The European Union General Court has upheld a decision by OHIM to refuse an application to register “NOURISHING PERSONAL HEALTH” as a registered trade mark in the EU. It failed due to a lack of distinctiveness. The goods and services were targeted at optimising a consumer’s state of health in relation to nutrition, so the mark had an obvious meaning and could not be registered. The public would not perceive the mark as identifying the applicant’s goods or services.