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“Veggical” receives trademark protection - not a given
Expert article on trademark law
“Veggical” receives trademark protection – not a given.
The German Trademark Office is known for its strict assessment of the distinctive character and thus the registrability of a trademark. Its restrictive approach is often upheld by the Federal Patent Court. The situation is different with the trademark "Veggical" (Federal Patent Court, decision of September 5, 2024 – 30 W (pat) 518/22 – "Veggical")
The Federal Patent Court has decided that the word mark “Veggical” distinctive is and not descriptive, and so nothing stands in the way of registration.
The German Patent and Trademark Office (DPMA) had previously rejected the application for lack of distinctiveness. It considered "Veggical" a descriptive allusion to vegan products ("veggie") and considered that a combination with "-ical" was common usage.
The Federal Patent Court disagreed:
Although “veggi” is a common reference to vegetarian or vegan products, the ending “-cal“ however, not common or descriptiveThe term “Veggical” seems like a fantasy wordthat is ambiguous and no clear descriptive term content mediate.Conclusion
Even if new words contain descriptive connotations, this is not enough alone is not enoughto deny distinctiveness – if the overall sign remains sufficiently imaginative and open to interpretation. Assessing whether a sign is still distinctive or already ineligible for protection is often not easy and a balancing act. If you have any questions, please feel free to contact us.
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