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When I read the article below as regards Vuitton’s “Damier Azur” pattern being applied for a trademark registration before EUIPO I was suprised to see that EU General Court has qualified the said pattern -whether inherent or acquired- as nondistinctive in compliance with EUIPO Fifth Board of Appeal’s refusal decision. Respectively, General Court has dismissed the Vuitton’s appeal considering the fact that Vuitton has failed to provide convincing evidence of acquired distinctiveness that would prove the serious usage throughout EU member states. General Court has also dismissed Vuitton’s argument that “consumers engage in homogeneous behaviour as regards luxury brands, particularly because they travel and use the internet regularly.” Hence, General Court has emphasized on the fact that solely arguing that luxury brands are generally being used via internet would not suffice alone if the trademark owner failed to submit specific evidence that would substantiate the current usage.
You may read the article via https://lnkd.in/dE6N_aZt
