Legislator Case Law & Legislation
25 W (pat) 579/12 AI generated

Trademark “PAUSENSPASS”: lack of distinctive character due to descriptive nature as a break pass

Case Number 25 W (pat) 579/12
Court / Authority
Jurisdiction Germany (DE)
Decision Date
Outcome Dismissed
Court Costs Borne by appellant

Legislator summary

AI generated

The Federal Patent Court (BPatG) dismissed the appeal, thereby upholding the earlier refusal of the word mark "PAUSENSPASS," resulting in the applicant's failure to secure registration. The dispute concerned the distinctiveness of the trademark, which the applicant argued was suitable for registration, against the examining authority's finding that the term merely described a "recreation pass" or "break passport" and thus lacked inherent distinctive character. Applying the requirement that a mark must be capable of distinguishing goods or services and serving as a source indicator, the court concluded that the term was descriptive and laudatory without any secondary meaning or additional element that would confer distinctiveness, affirming the administrative decision to deny the trademark application.

Legislator headnote

AI generated

Trademark “PAUSENSPASS”: lack of distinctive character due to descriptive nature as a break pass: The dispute concerned the distinctiveness of the trademark, which the applicant argued was suitable for registration, against the examining authority's finding that the term merely described a "recreation pass" or "break passport" and thus lacked inherent distinctive character. Applying the requirement that a mark must be capable of distinguishing goods or services and serving as a source indicator, the court concluded that the term was descriptive and laudatory without any secondary meaning or additional element that would confer distinctiveness, affirming the administrative decision to deny the trademark application.

Keywords

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distinctiveness of trademark word mark action for trademark invalidity reserve trademark trade mark passport
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Full text

Markenbeschwerdeverfahren – "PAUSENSPASS" – keine Unterscheidungskraft