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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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Brand for ordinary product shape – Coca-Cola

Brand for ordinary product shape – Coca-Cola

Coca-Cola wanted to extend the protection of its well-known beverage bottle, protected as an EU trade mark, and applied for a simpler bottle shape. Can a three-dimensional shape be registered as an EU trade mark even if it has a common design?

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