Why Some Figurative Trademarks Are Not Registered: Descriptiveness and Lack of Distinctive Character

Esempi di marchi costituiti da figure che non sono registrabili perché descrittivi e privi di carattere distintivo
Even a trademark consisting of an image may be considered descriptive and therefore may not be registrable. Here are some examples.
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Partial invalidity of the trademark due to the lack of distinctive capacity

Invalid Trademark
The General Court held that the trade mark represents a simple geometric shape and that it does not contain any characteristic element.
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Lack of distinctive character of a mark

Lack of distinctive character of a mark
: It is defined distinctive the sign able to identify a product, a service or a company in order to differentiate it from the competitors to the eyes of the public
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Invalid figurative trademark as descriptive and devoid of distinctiveness

example of Invalid figurative trademark because as descriptive and devoid of distinctiveness
If the graphic elements of a figurative trademark reinforce the descriptiveness of the verbal element, the trademark could be declared invalid.
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Graphic changes to a registered trademark: can they be made?

Graphic changes to a registered trademark
Make changes to a registered trademark, i.e. adding, omitting or altering some elements can create problems. Find out why.
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Acquisition of distinctive character due to the use in EU trademark

trademark without distinctive character
A trademark without distinctiveness, to obtain registration in the EU must demonstrate the acquisition of distinctive character through use. But it is not at all simple.
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Trademark consisting of 1 or 2 letters: trademark HP

Trademark consisting of one or two letters: trademark HP
Trademark consisting of 1 or 2 letters is absolutely valid and it is wrong to assume that this type of trademark is devoid of any distinctive character. EU Court reiterated this concept with reference to trademark HP. Find out why.
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Distinctive character of a three-dimensional trademark

three-dimensional trademark
It is not sufficient to make a slight variation to an object in order to acquire distinctive character. Let’s see how the European Court of Justice ruled in this regard.
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The principle of unity between trademarks and other distinctive signs

The principle of unity between trademarks and other distinctive signs
In order to avoid confusion to the public, the Italian case-law gives importance to the principle of unity between trademarks and other distinctive signs.
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Similarity between trademarks: distincitve character and notoriety

Similarity between trademarks
In order to argue that a trademark has taken unfair advantage of the distinctive character or the repute of another trademark, there must be similarity between trademarks
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