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 |
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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? |
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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. | |
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The Nightwatch refused in the Benelux but accepted in Europe. It remains a mystery to us (see also page 4). |




