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Koninklijke KPN Nederland NV v Benelux-Merkenbureau (Postkantoor)

[2004] Case C-363/99

Case summary last updated at 31/01/2020 15:47 by the Oxbridge Notes in-house law team.

Judgement for the case Koninklijke KPN Nederland NV v Benelux-Merkenbureau (Postkantoor)

Company sought to register term ‘STINKY’ a trade mark for weedkiller. Held:
 
·       Mark is excluded where it is capable of designating characteristic of goods or services.
·       This case even if characteristic in question is of peripheral importance to goods.
·       Thus ‘STINKY’ might not be registrable for weedkiller
Ø  even though most important characteristic of weedkiller is its effectiveness at killing weed

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