Company sought to register word ‘Chiemsee’, the largest lake in Bavaria, as trade mark for clothing and sportswear.
Question was whether it was descriptive.
Mark which is the name of a geographical place not registrable where place is:
Currently associated with goods concerned
Or it is reasonable to assume that such an association may be established in future
Relevant association may be belief amongst consumers that:
Goods are manufactured in that place
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
i.e. as more likely other traders will want to use it
However mark can be registered where:
Geographical location not known to relevant consumers
Or consumers are unlikely to believe goods in question originate from that geographical location (E.g. because it is a mountain or lake)
IP law notes fully updated for recent exams at Oxford and Cambridge. Th...
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Intellectual Property Law | Trade Mark Case Law Notes (68 pages) |
Intellectual Property Law | Trademarks 1 Cases (9 pages) |