Descriptive versus distinctive ‒ trademark battle reloaded

Intellectual Property / IP & IT

ILO Newsletter, 12. Mai 2014

The Supreme Court recently considered whether an international trademark had a distinctive character that qualified it for protection under trademark law or whether, due to its descriptive nature, it could not be granted protection. The decision confirms that trademarks will be determined as distinctive or descriptive after a subjective and interpretive case-by-case analysis.


Ferdinand

Dr. Ferdinand Graf

LL.M. (NYU) Partner
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