Accueil / Distinctiveness

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The Rubiks Cube trademark is fully distinctive

    The creator of the well-known game Rubiks Cube, and his licensing company sued for counterfeiting acts a French company on the basis of their community three-dimensional trademark representing the famous cube. The defendant tried to obtain the cancellation of the mark arguing on one hand that the shape of the game could not…

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Beer bottle with special glass effect

On May 10, 2006, the High Court cancelled the Fishers trademark constituted of the shape of a beer bottle. The judge refused to recognize distinctiveness to the bottle whose characteristics are its long neck and a frosty surface. It was in fact considered that those elements, taken separately or altogether, are currently used in the market…

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INLEX FILES : First worldwide case of cancellation for color trademark which became common !

  (trademark)  On March 23, 2006, the Court of Appeal of Lyon ordered the cancellation of the pink color trademark of CANDIA considering that the pink color has now become common for milk products. The concerned trademark was regarded as an insufficient variation of that pink color for enabling the average consumers to distinguish the…

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SERIAL TALKER !

ARE SLOGANS REALLY ELIGIBLE TO REGISTRATION UNDER THE EU SYSTEM? Recent community decisions show a strict position as regards the eligibility of a slogan to registration as a trademark under the EU system

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ALLEZLES BLEUS

January 17, 2006 : The French High Court ruled that the mark ALLEZ LES BLEUS (literally Go on blue guys) was not commonly known at the time of filling and should consequently be regarded as distinctive. It only became well-know after the winning of the world football cup of 1998 by France.

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WORLD

 December 16, 2005 -OHIM– WORLD/ WORLDBEDS   WORLD is usual for products and services connected to travel because of its ability to convey a positive image to the prospective travelers». Then, OHIM denies likelihood of confusion between and .

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Nicolas Sarkozy Vs/ Kärcher

On June 2005, at the moment of the Suburbs Crisis, Nicolas Sarkozy announce he wished to clean with a kärcher the 4000 estate of La Courneuve. During the presidential campaign, these remarks were often taken again. However, KÄRCHER is a trademark owned by the company of the same name which is specialized in the manufacture of the high…

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