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.
Click here subscribe for free.
Who we all are...
Portugal: three-dimensional marker gets trade mark protection
Schwan Stabilo Schwanhausser GMBH & Co. (Stabilo) is the owner of International Trade Mark No. 749689:
However, in Portugal, the protection of this three-dimensional sign was refused by INPI, which considered that the sign was devoid of any distinctive character.
Stabilo appealed INPI's decision, claiming that the sign was distinctive, as it is the original shape of its peculiar marker. Further, it argued that the public would identify the origin of its markers as a result of their shape, which had been used wihtout any modification for the past 30 years. Finally, it noted that the sign was currently registered as a trade mark in 53 countries.
The Court fully accepted the applicant's arguments, accepting that the sign acquired a distinctive character in relation to the products covered by the trade mark application (paper, goods made from paper and stationery). To read the judgement - in Portuguese -, check the Intellectual Property Bulletin no. 133/2014, of 15 July.
Posted by: Pedro Malaquias @ 14.38Tags: Portugal, INPI, Commercial Court, Shapes, Three-dimensional,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA3789
