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PURE for wine - Why the EUIPO rejected the trademark application

Expert article on trademark law

PURE for wine – Why the EUIPO rejected the trademark application

The EU Trademark Office (EUIPO), which is responsible for European Union trademarks, has rejected the application for the trademark “PURE” for wines and denied it trademark protection. 

The reasoning: For English-speaking consumers, "PURE" simply means "pure." The agency has verified this meaning through dictionary entries.

The Office clarified that the relevant public understands the mark merely as an indication of the quality of the wines—for example, that they do not contain additives such as sugar, artificial flavors, or yeast. "PURE" therefore directly describes a characteristic of the product.

Since the sign thus represents a purely descriptive and promotional statement, it lacks the necessary distinctive character. The feminine form of the adjective ("pur") does not change this. Trademarks that contain exclusively descriptive information are excluded from registration under Article 7 (1) (b) EUTMR.

Conclusion:

Those seeking to protect purely descriptive terms as trademarks regularly encounter legal limitations. Companies should therefore carefully examine whether their desired trademark is truly distinctive and therefore eligible for protection before registering a trademark.

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