The case concerned a trademark application for goods in classes 5 (dietary supplements) and 29 and 30 (food, bars, beverages). Quality First sought to obtain a monopoly on the use of the phrase "CRAVE NO MORE" throughout the European Union. The mark was applied for as a figurative mark, although in reality it consisted of standard, gray letters without any fanciful embellishments. Experts from the European Union Intellectual Property Office (EUIPO) rejected the application, citing a lack of distinctive character. However, the company did not give up. The case went through the Board of Appeal and eventually reached the Court of Justice of the European Union in Luxembourg. However, all the judges agreed: this slogan cannot be a trademark. Why?
The key argument of the office, which is worth remembering, is the concept of a "laudatory" sign. EUIPO explained that the phrase "CRAVE NO MORE" in the context of dietary supplements and food is a direct statement about the quality and function of the product. It promises the consumer a specific result: "if you eat this bar, you will stop feeling hungry." In intellectual property law, there is a principle that purely advertising messages, which only praise the advantages of a product, cannot be monopolized by one company. If the office were to allow this, it would block other companies from informing customers that their products also suppress appetite. The EU Court emphasized that the phrase does not indicate the origin of the product (i.e., who produced it), but only its value to the customer.
An extremely interesting point appeared in the justification of the judgment, which lawyers call the "immediate understanding" test. The court noted that the phrase "CRAVE NO MORE" is constructed according to the rules of English grammar and is simple. An average, English-speaking consumer in the EU, seeing this inscription on the packaging, does not have to make any intellectual effort. In order for a slogan to be registered, it must trigger a minimal thought process in the recipient – surprise, a play on words, ambiguity. It must force the brain to pause and reflect, which allows the phrase to be remembered as a brand. In the case of "CRAVE NO MORE," the message is too direct. The judges concluded that the recipient would treat it as ordinary information on the label, and not as a product's trademark.
The company attempted to defend itself by arguing that it had registered the trademark in a graphical form (with a specific arrangement of letters). However, the court quickly dismissed this line of defense. It was determined that the font and gray color used were so commonplace and standard that they did not add any distinctive character to the trademark. This is an important takeaway for companies: if the word itself is descriptive (not eligible for protection), simply putting it in a standard font (even Arial or Times New Roman) will not magically turn it into a protected trademark. To "save" a weak verbal trademark with graphics, the graphics would have to be truly imaginative and dominant, but then the protection would primarily relate to the image itself, rather than the name.
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