descriptive mark

Nail in the coffin for brands: Lack of distinctiveness – KÖLNER DOM

Nail in the coffin for brands: Lack of distinctiveness – KÖLNER DOM

It’s not easy to think of a concept – similar to Albert Einstein’s theory of relativity – that, counterintuitively, involves the relativity of apparently fixed quantities. However, the German Federal Supreme Court (BGH) and the European Court of Justice (ECJ) may have produced such a phenomenon: their case law on the distinctiveness and thus the protectability of the names of famous buildings as trade marks. The two decisions have implications for a large number of commercially relevant cases, such as trade marks for fan merchandise or event trade marks. The lack of distinctiveness of a mark should therefore be carefully examined.

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Is it worth investing in weak brands? – Vegan

Is it worth investing in weak brands? – Vegan

Any company can opt to use a weak mark that directly highlights the special characteristics of its products or services, though such a mark may well be denied registration, because it is considered merely descriptive of products or services. But if it does make it into the trade mark register, it cannot be denied protection altogether. So is it worth taking the chance and investing in weak brands?

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Increasing sales through cultural brands? – NEUSCHWANSTEIN

Increasing sales through cultural brands? – NEUSCHWANSTEIN

A cultural institution may try to position its unique structure as a cultural brand within the framework of cultural marketing. Strong cultural brands attract a lot of attention and engender particularly positive images. Customers, business partners and sponsors can form a quick connection with such brands and images. Is it possible to harness the power of cultural brands for the benefit of a variety of businesses?

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Damage caused by defects in ‘suggestive’ mark – CYSTUS

Damage caused by defects in ‘suggestive’ mark – CYSTUS

A ‘brand that speaks for itself’ is the gold standard of brand development. Such a ‘suggestive’ mark communicates its message from the outset, simply, without the need for elaborate content. Very often, however, such brand words consist only of slightly modified descriptions of the products encompassed by the brand – and this can indicate trouble further down the line.

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Refresh of descriptive organic brand – Bio MARKT

Refresh of descriptive organic brand – Bio MARKT

The word and figurative mark with the new word “Biomarkt” is registered several times as a European Union trade mark. However, after an update of the graphic, its renewed registration failed. Find out why the refresh of a descriptive organic trade mark requires the utmost care and intensive legal examination.

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