distinctive character

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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Trademark protection for colours? – OFF-WHITE

Trademark protection for colours? – OFF-WHITE

It is not unusual for a company to develop a trademark that contains references to its product or service. However, in order to be protected, trademarks must not contain an inherently intelligible description of the essential characteristics of those goods or services. So what might these characteristics comprise?

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Marketing through architectural brand – Museum Katowice

Marketing through architectural brand – Museum Katowice

A uniquely designed building often has a particular architectural attraction, even charisma. It can represent a specific organisation or company in a way other marketing tools cannot and can contribute significantly to their image. Despite this, and the relatively little effort involved in using architecture in this way, such opportunities are still infrequently taken advantage of. Business owners and managers are encouraged to consider in this brand blog the conditions under which such architecture could be secured as a marketing instrument and protected as a brand.

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Battle for an eco-brand – PRIMA KLIMA

Battle for an eco-brand – PRIMA KLIMA

Eco-brands often consist of several elements that are immediately recognisable. However, one should be wary of relying solely on such a combination. Further steps may well be necessary so the brand does not hit the rocks at a later date.

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Brand for ordinary product shape – Coca-Cola

Brand for ordinary product shape – Coca-Cola

Coca-Cola wanted to extend the protection of its well-known beverage bottle, protected as an EU trade mark, and applied for a simpler bottle shape. Can a three-dimensional shape be registered as an EU trade mark even if it has a common design?

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