In a significant ruling dated 23 August 2024, the German Federal Patent Court deliberated on the issue of whether a word mark can be deemed genuinely used when incorporated into a logo and presented in a distinct font style. The case involved the opposition raised against the protection of an international registration for goods in class 9 based on the opponent's EU trademark "MONSTER" for non-alcoholic beverages in class 32. The Court determined that the stylized depiction of the word "MONSTER" in the logo did not constitute direct usage of the word mark and even altered its distinctive character. This decision prompts reflection on the essence and protection of word marks amidst the ever-evolving branding landscape.
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Read the full article on the original webpage: https://trademarkblog.kluweriplaw.com/2024/09/25/the-german-federal-patent-court-on-a-word-marks-genuine-use-when-a-monster-is-deprived-of-its-claws/
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