CFI maintains its objection to laudatory marks

In T-424/07 Pioneer v OHIM, the CFI upheld a decision by the Boards of Appeal of OHIM that OPTIMUM was not registrable for biological material namely plant tissue genes as it was a common laudatory mark and thus devoid of any distinctive character contrary to Art.7(1)(b). In doing so, the CFI made it clear that the mere fact that a laudatory mark does not refer to particular characteristics of goods or services did not mean that the objection failed. In doing so, the CFI is clearly following its previous case (see para 3-072 of the book) that laudatory marks are not registrable. Moreover, the decision implicitly demonstrates that examination of grounds of objection under Art.7(1)(b) and Art.7(1)(c) do not raise the same issues.