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VORSPRUNG DURCH TECHNIK TM OR ®?
22/01/2010
In 2003, Audi applied to OHIM to register the trade mark VORSPRUNG DURCH TECHNIK. The application was originally refused because of lack of distinctiveness.

 

 VORSPRUNG DURCH TECHNIK TM   

The application was accepted for cars and parts for cars on the basis that Audi had shown that the mark was known to consumers and had become an indicator of origin of the goods, but Audi wanted to protect its trade mark for other goods as well. Following a series of lost appeals, the Court of Justice has issued a decision saying that the OHIM and the Court of First Instance had incorrectly applied the rules. A slogan may be perceived as advertising by the consumer but is insufficient in itself to prove that a mark lacks distinctive character. Read more...

 

 

To view the decision, click here...

 

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