If a trademark lacks sufficient distinctive character, the Benelux Office for Intellectual Property won’t register it. Sometimes justifiably, and sometimes (in our view) not. Right or wrong, the rules are strict.
|Application Refused||Chiever says|
|The word mark EUIPO (also the name of the European trademark office) for cosmetics and clothing not sufficiently distinctive? We’re puzzled: what’s wrong with EUIPO perfume?|
|Device mark Mybrand for software. Not your brand, clearly. Justifiably refused? We doubt it.|
|Device mark for clothing. Any ‘I love …’ trademarks combined with a heart are (correctly) doomed to failure.|
|The Nightwatch refused in the Benelux but accepted in Europe. It remains a mystery to us (see also page 4).|