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Court of Justice rejects appeal concerning Neuschwanstein castle trade mark (BSGE v EUIPO)

Court of Justice rejects appeal concerning Neuschwanstein castle trade mark (BSGE v EUIPO)
Published on: 10 September 2018
Published by: LexisPSL
  • Court of Justice rejects appeal concerning Neuschwanstein castle trade mark (BSGE v EUIPO)
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Intellectual Property analysis: The Court of Justice has dismissed an appeal by BSGE who had applied to have the registration of the word sign NEUSCHWANSTEIN (the Mark) by the owners of Neuschwanstein Castle in Germany declared invalid. Following the Advocate General's (AG) recommendations, the Court of Justice held that the Mark was not indicative of geographical origin of the goods and services and that it did possess a distinctive character. The court noted that there was no difficulty in finding both that the Mark was not descriptive of the geographical origin and that the Mark had a distinctive character. The first finding did not assume the mark possessed no distinctive character. or take a trial to read the full analysis.

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