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

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.