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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Trademark application rejected if filed by an unauthorized agent

trademark rejected because filed by unauthorized agent
A recent judgement of the Court of Justice clarifies the meaning of “unauthorized agent” and which trademarks can be rejected.
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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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Is it possible to register a descriptive dialectal expression as a trademark?

trademark dialectal expression
In case you want to register as a trademark a descriptive dialectical expression, you have to know that it is not allowed.
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Not registrable trademark because contrary to accepted principles of morality? it dependes

not registrable trademark because contrary to accepted principles of morality
When determining whether a trademark can be registered or not, many elements are examined, some of which can overturn previous and diametrically opposed opinions.
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