It is not always possible to register trademarks composed of geographical names. There are indeed some rules which have to be followed. In this article we speak about some rules affirmed in a judgment which can better clarify the issue.
Article 18, 1) of the EU trademark Regulation n. 2017/1001 provides that:
“If, within a period of five years following registration, the proprietor has not put the EU trade mark to genuine use in the Union in connection with the goods or services in respect of which it is registered, or if such use has been suspended during an uninterrupted period of five years, the EU trade mark shall be subject to the sanctions provided for in this Regulation, unless there are proper reasons for non-use”.
The owner of a trademark cannot prevent free circulation of its products after they have been placed on the market: this principle, called exhaustion of the right of a trademark, has some limita-tions. Let’s see them together.
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.
In the context of European Union trademark it is important to evaluate how much the descriptiveness of a term can affect for a part of the public in the European Union market. You can find here below the case Bellissima.