distinctiveness_in consequence of use

Protectability from a trademark through use – BIO-BEAUTÉ

Protectability from a trademark through use – BIO-BEAUTÉ

Designations that describe products or services in some way are not classed as distinctive, as is well known, and therefore cannot be registered as a trademark. However, it is possible to overcome this obstacle to protection – provided the designation has acquired distinctive character before it is registered. What exactly must be done to achieve protectability from a trademark through use?

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Trade mark for simple figurative signs – adidas

Trade mark for simple figurative signs – adidas

Under what conditions can simple figurative signs be protected as trade marks? Even 12,000 pages of evidence of use were insufficient to prove the registrability of an additional adidas three-stripe mark in this important case.

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