Why a trade mark needs to be distinctive

8 May 2010

Trying to register a descriptive trade mark may not be that easy. A trade mark cannot be registered if it is devoid of "distinctive character" or if the trade mark are marks that indicate indicate the features of the goods or services with which they are associated ie Lundon Taxis for London Taxis or Chares for furniture.  The test can be found in ECJ case law namely that distinctiveness is to be considered by weighing up the actual goods and services and considering the public’s view of the proposed trade mark

For example Wieland-Werke AG v OHIM, Joined Cases T-367/02 to T-369/02, 12 January 2005, and Art/Americas, Inc. v OHIM, Case 164/06, 12 September 2007.

Michael can be contacted via email on michael@trademarkroom.com.