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Protectability of letter combinations as a trademark - when is this given?

Expert article on trademark law

Protectability of letter combinations as a trademark – when is this given?

We frequently encounter letter combinations in everyday business – for example, as type designations, abbreviations, or internal product codes. But when are they eligible for trademark protection?

Legally, a sequence of letters can be registered as a trademark, provided that it does not fulfil a directly descriptive function and is otherwise distinctive.

This is especially not the case if they not as a common or understandable abbreviation of a descriptive statement is perceived.

Protection is generally excluded if the letter combination:

  • one Type, dimension or size information represents,
  • as Abbreviation for a descriptive statement is common or
  • in connection with the goods or services understood descriptively becomes.

Whether a combination of letters is distinctive therefore requires a careful legal assessment – vbefore registering as a trademark.

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