Journal Article

ECJ denies relevance of ‘acquired attractiveness’ for registration of shape marks

Maarten Schut

in Journal of Intellectual Property Law & Practice

Volume 3, issue 2, pages 78-79
Published in print February 2008 | ISSN: 1747-1532
Published online February 2008 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpm246
ECJ denies relevance of ‘acquired attractiveness’ for registration of shape marks

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The ECJ rejects the suggestion of the Dutch Supreme Court that a shape which gives substantial value to the product (in this case, a specific stitching on G-Star jeans) may nevertheless be registered as a trade mark if the shape's attractiveness has predominantly become the result of its recognition by the public as a distinctive sign.

Journal Article.  1368 words. 

Subjects: Arbitration ; Intellectual Property Law

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