The designation "DASH," representing a technical standard for streaming data over the Internet, is deemed a descriptive term concerning various goods and services categorized under classes 9, 35, 38, 41, and 42. This classification pertains specifically to the streaming, transmission, or dissemination of data and its inherent characteristics. A trademark that is fundamentally descriptive within a specific technological domain lacks distinctiveness, even if it may not be directly descriptive for particular goods or services. In a ruling dated January 4, 2024, the Fifth Board of Appeal of the EUIPO addressed the protectability of the trademark "DASH," which was registered on July 29, 2017, for a range of goods and services. The term "DASH" is an acronym for "Dynamic Adaptive Streaming over HTTP," a recognized standard for Internet data streaming (ISO/IEC 23009-1). The Board evaluated whether a sign that coincides with a technical standard could be classified as descriptive and non-distinctive. While it was acknowledged that the term "DASH" might be familiar primarily to professionals in the IT and communications sectors, the Board concluded that all goods and services associated with the trademark are likely related to data streaming. Consequently, the professional audience could perceive the term as descriptive of the goods and services in question. The Board emphasized that even if "DASH" does not directly describe certain alternative data transmission methods, it does not signify a company's origin. Ultimately, the Board of Appeal determined that the trademark "DASH" is purely descriptive within the relevant sector, leading to its lack of distinctive character. The case has been remitted for further examination, with ongoing proceedings addressing a claim that "DASH" may have acquired distinctiveness through use.
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