Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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THURSDAY, 5 DECEMBER 2013
German Federal Patent Court: "For you"
The German Federal Patent Court recently found that the English
word sequence “For you” was not registrable as a trade mark for goods covered
by classes 5, 29, 30 and 32 due to a lack of distinctiveness. Case reference: 30
W (pat) 83/11 of 13 June 2013.
“Where consumers interpret a sequence of words (here: the
English words “for you”) as a slogan type statement, that is merely meant to
draw the attention to the goods bearing the sign (here: goods covered by
classes 5, 29, 30 and 32), then this does not support the assumption of a
distinctiveness of the sign in a trade mark sense but rather negates it (in
contrast to BGH GRUR 1999, 1093 – FOR YOU)”.
Posted by: Birgit Clark @ 23.01
German Federal Patent Court,
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