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Trademark law find - "Deichschaf" deemed not distinctive
Expert article on trademark law
What is a brand allowed to do – and what is it not allowed to do?
The EUIPO recently rejected the application for the EU trademark „Deichschaf“ (EU No. 17 489 824). The reason given was that the sign was descriptive and lacked distinctiveness – and was therefore not eligible for protection.
The decision exemplifies how carefully the office examines whether a term is truly suitable as an indication of origin. Even though "Deichschaf" (dike sheep) might seem like a made-up term at first glance, the EUIPO saw it differently:
- It is a term that has been documented for centuries to refer to sheep kept on dikes.
- For the goods claimed – such as textiles, furniture or clothing – a direct material link can be established: these could consist of the wool of such sheep.
- Furthermore, it should be noted that even a merely potential descriptive use is sufficient to refuse registration.
Conclusion
Anyone registering a trademark should always think ahead., whether the symbol has descriptive connotations – even if it is (apparently) a creative neologism.
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