The INNOXA laboratory brought an action for a declaration of invalidity against the GOUTTES BLEUES trademark belonging to the PERRIGO France laboratory, registered in September 1988 to designate “eye lotions and in particular eye drops”, arguing that the sign was devoid of any distinctive character and contained indications likely to mislead the public.
The INPI, while aware of the context of this case (use of GOUTTES BLEUES by INNOXA, which has since been prevented from doing so) rejected INNOXA’s application, pointing out that it assesses the validity of a trademark on the day it is filed.
The INPI noted that it had not been shown that in 1988, the filing date, the GOUTTE BLEUES mark i) consisted exclusively of terms indicating the essential quality of “Lotions for the eyes and in particular eye drops”.
eye lotions and in particular eye drops”, or the composition of those products ii) constituted the necessary or generic designation of “eye lotions and in particular eye drops”, ii) was devoid of distinctiveness and iv) contained, at the time of filing, indications likely to deceive the public.
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