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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Trademarks with a fictitious date? Is there a risk of trademark invalidity?

Trademarks with a fictitious date
The Court of Justice (C-412/24) clarifies: using a false foundation year in the logo can render the trademark invalid if it misleads the public about its quality.
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Invalidity of the PriSecco non-alcoholic trademark

Marchio nullo per PriSecco analcolici
The invalidity of the EU trademark "PriSecco," registered for non-alcoholic cocktails, is confirmed because it evokes the "Prosecco" PDO, protected for wine.
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Trademark: Actual Use and Token Use

Trademark: Actual Use and Token Use
The effective use of a trademark guarantees its NON-revocation: it must guarantee the identity of the products and services for which it was registered.
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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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Mark consisting of advertising slogans in the EU case-law

mark cosisting of advertising slogan
The mark consisting of advertising slogans is a registrable trademark on condition that it has distinctive character, namely – regardless of its promotional meaning – on condition that it has something that allows the public to perceive it as an indicator of the commercial origin of the designated goods and/or services.
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How to fight counterfeiting in Asia?

It is important to ensure ownership of intellectual property rights in the country of interest. But not only...
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Workout Program: how to protect it with copyright

Workout program & Copyright
Also a workout program can be protected by copyright, but only if there is the element of creativity. Some judgments have clarified the concept.
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Format: work protectable with copyright

format e diritto d'autore
The plagiarism of a work can also concern a format, that is the basic scheme on which a show or a television format is organized.
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How to defend your products from counterfeit if you sell on Amazon, Facebook, Alibaba …

e-commerce marketplace counterfeiting protection
All the best known marketplaces such as Amazon, Alibaba, Facebook, etc, give you tools to report counterfeiting cases. You can find here below a short guide.
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