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.
More trademarks can be considered a family (or series) of trademarks when, for example, “they reproduce in full the same distinctive element with the addition of an element, graphic or word, which differentiate them from each other, or when characterized by the repetition of a single prefix or suffix taken from an original mark”.
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.
Quite recently the Italian Corte di Cassazione informed us on the difference between the complex trademark and the composite trademark (judgements n. 1275 and 1276, both of January 25, 2016) and it precisely outlined the difference between the two categories of brands, which lies in the distinctiveness of the elements of which they are composed.
It is necessary to distinguish two different cases, namely the registration as a mark of the name of an unknown person – in principle permitted by law – and the registration of the name of a well-known person, in principle forbidden by the law.