The EU General Court has rejected an application to register THE LEADERSHIP COMPANY as a Community Trade Mark.
In essence the Court was of the opinion that there was a sufficiently direct and specific relationship between the services and the proposed community trade mark.
The rejection has been on the basis that, applying Article 7(1)(c) of the CTM Regulation (207/2009/EC), the wording was considered descriptive of the characteristics of the services concerned, namely, "executive recruitment services" and "recruitment consultation services" in class 35 .
In the present case, it must be determined whether the sign applied for, made up of the expression ‘the leadership company’, is, from the relevant public’s point of view, descriptive of ‘executive recruitment services’ and ‘recruitment consultation services’ under Class 35 or of one of their characteristics. First, those services are the only ones that the applicant had relied on in support of its action against the examiner’s decision, so that the Board of Appeal could legitimately confine its assessment to the services referred to (paragraphs 9 to 14 of the contested decision). Secondly, in its application, the applicant did not dispute that approach of the Board of Appeal and similarly confined its reasoning to those services.