Company sought to register word ‘Chiemsee’, the largest lake in Bavaria, as trade mark for clothing and sportswear. Question was whether it was descriptive. Held:
Descriptive Marks
· Mark which is the name of a geographical place notregistrable where place is:
i) Currently associated with goods concerned
ii) Or it is reasonable to assume that such an association may be established in future
· Relevant association may be belief amongst consumers that:
Ø Goods are manufactured in that place
Ø Goods are conceived of and designed in that place
– even if consumers do not believe they were manufactured there
· The larger the place, the less likely mark can be registered
Ø i.e. as more likely other traders will want to use it
· However mark can be registered where:
a. Geographical location not known to relevant consumers
b. Or consumers are unlikely to believe goods in question originate from that geographical location
– E.g. because it is a mountain or lake
