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Koninklijke KPN Nederland NV v Benelux-Merkenbureau (Postkantoor) [2004] Case C-363/99

By Oxbridge Law TeamUpdated 04/01/2024 07:13

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

Table Of Contents

  • 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, even though most important characteristic of weedkiller is its effectiveness at killing weed

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My notes cover all the main cases in intellectual property law. They a...