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Federal Patent Court rejects Frushi trademark application: Lack of distinctive character and descriptive meaning confirmed
Expert article on trademark law
Federal Patent Court rejects trademark application 'Frushi': Lack of distinctive character and descriptive meaning confirmed
The Federal Patent Court has rejected the application for the trademark “Frushi” because of lack of distinctiveness and purely descriptive meaning rejected.
Main reason:
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At "Frushi“ it is a portmanteau word from “fruit” and “sushi”.
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This artificial word has become popular in traffic as common name for fruity sushi established – that is, for a dessert in which typical sushi ingredients such as fish or vegetables are replaced by sweet fruits.
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It comes not crucialwhether “Fru-” and “-shi” are individually descriptive as abbreviations. What is important is that the entire word “Frushi” already at the time of registration (April 2021) known and used as a descriptive term was – and in cookbooks, magazines and online media.
Conclusion of the court:
“Frushi” is used by traffic not be understood as an indication of origin from a particular company, but as generic term for a fruit-based sushi dish. This lacks the necessary distinctive character – the trademark is not registrable.
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