SAT.1, ECJ, 2004, C-329-02
Citation: SAT.1, ECJ, 2004, C-329-02
Rule of thumb: Can new trade mark designs and names take inspiration from existing ones? Yes – it is not a breach of trade mark law for there to be inspiration from existing ones which have been developed/adapted.
Judgment:
A combination of simple letters/words and numbers can in circumstances pass the distinctive requirement needed to gain a trade mark registration, ‘... a trade mark comprising words or word and a digit, such as that which forms the subject-matter of the dispute, the distinctiveness of each of those terms or elements taken separately, may be assessed, in part, but must, in any event, depend on the appraisal of the whole which they comprise. Indeed, the mere fact that each of those elements, considered separately is devoid of distinctive character does not meant that their combination cannot be presented as a distinctive character’, paragraph 28
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.