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Windsurfing Chiemsee Produktions v. Boots is a trademark law decision by the European Court of Justice (“ECJ”) ruling that geographic marks can be registered, as long as the public associates that mark with the trademark owner, and not with the geographic area. According to most systems of trademark law internationally, a mark that designates a geographic place is insufficiently ...
Dec 01, 2016 · Acquired distinctiveness and survey evidence. A feature of the proceedings was the high number of surveys submitted by the parties as evidence for (and against) acquired distinctiveness. ... 1 Windsurfing Chiemsee Pruktions-und Vertriebs GmbH (WSC) v Boots-und Segelzubehör Walter Huber (C-108/97)
1 Windsurfing Chiemsee Pruktions-und Vertriebs GmbH (WSC) v Boots-und Segelzubehör Walter Huber (C-108/97) Originally published in BrandWrites 7th Edition. Tagged with: Acquired Distinctiveness , BrandWrites 7th Edition , Colour Marks , Distinctiveness , Germany , Shape Marks , Survey Evidence
The Windsurfing Chiemsee case (joined cases C-108/97 and 109/97), addressed the issue of an EU trade mark application for CHIEMSEE, also the name of a lake in Bavaria. In this matter, the court established the applicable test to assess distinctive character acquired through use;
Windsurfing Chiemsee v Boots (Case C-108/97) said that the test is that the mark must ... might suggest to the Registrar that the distinctiveness acquired before the break had not been lost. (v) If the trade mark has been transferred between owners, details such as the name of
Windsurfing Chiemsee Produktions-und Vertriebs GmbH (WSC) v Boots-und Segelzubehör Walter Huber and Franz Attenberger (Chiemsee) ECLI:EU:C:1999:230, which is still the primary authority on the assessment of acquired distinctiveness in cases concerning terms of geographical origin. In §51
Trade marks: ECJ broadens criteria for acquired distinctiveness ... The ECJ referred to its judgment in Windsurfing Chiemsee and stated that matters which are deemed to be capable of showing that a mark has achieved the necessary distinctive character (i.e. that it had come to identify the product or service) must be assessed on a global scale ...
Windsurfing Chiemsee and the Commission are therefore right to assert thatArticle 3(3) does not permit any differentiation as regards distinctiveness byreference to the perceived importance of keeping the geographical name availablefor use by other undertakings. 49.
Mermeren countered that to the extent this was true, the mark had acquired distinctiveness. What is the test? HHJ Hacon noted that it was hard to reconcile the principles from Windsurfing Chiemsee (which covers both immediate perception and potential future perception) ...
Louis Vuitton (LV) cases, T-359/12 and T-360/12, are a welcome example of clarity and completeness, destined to influence case-law on the invalidity of a Community trade mark (CTM) for lack of distinctive character, according to Articles 51(1)(a) and 7(1)(b) of Regulation 207/2009, as well as acquired distinctiveness through use, in respect to ...
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