General Court (Fourth Chamber) 30 June 2004, T-281/02 (Norma Lebensmittelfilialbetrieb GmbH & Co. KG v European Union Intellectual Property Office.)

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The Court of First Instance dismissed an action by Norma Lebensmittelfilialbetrieb GmbH & Co. KG challenging the Third Board of Appeal's refusal to register the German-language word mark 'Mehr für Ihr Geld' ('More for your money') as a Community trade mark for goods in Classes 3, 29, and 30. The decisive legal issue was whether the mark possessed the minimum distinctive character required under Article 7(1)(b) of Regulation No 40/94, with the Court holding that the mark would be perceived by the relevant German-speaking public primarily as a promotional slogan indicating an advantage in quantity or quality rather than as an indication of commercial origin. The Court further confirmed that the Community trade mark system is autonomous and that the legality of Board of Appeal decisions is assessed solely by reference to Regulation No 40/94, without being bound by national registrations or prior Office decisions.AI