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?
Signs that use the term ‘gourmet’ are very popular in relation to food products, not least because they indicate a higher-quality item. However, as an EU trademark, these signs have already been refused 50 times – because they are classed as advertising material only. They praise one’s own products, but they do not indicate the product’s origin as coming from a specific company.
Designations that describe products or services in some way are not classed as distinctive, as is well known, and therefore cannot be registered as a trademark. However, it is possible to overcome this obstacle to protection – provided the designation has acquired distinctive character before it is registered. What exactly must be done to achieve protectability from a trademark through use?
Don’t be lulled into a false sense of security when forming a brand, just because ‘everyone else’ is using the same descriptive terms. What’s important here?
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.