France: Is Neuschwanstein an IGO?
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

France: Is Neuschwanstein an IGO?

Sponsored by

beau-de-lomenie.png

The name of the castle of Ludwig II of Bavaria, Neuschwanstein, was filed as a European trade mark by the Free State of Bavaria in many classes of goods and services (3, 8, 14-16, 18, 21, 25, 28, 30, 32-6, 38 and 44). As its validity was contested, the question arose as to whether such a name was descriptive of the geographical origin of the goods and services claimed in the application.

In a judgment dated September 6 2018 (C-488/16), the CJEU confirmed that this trade mark was not an indication of the geographical origin since this place was not that of the production of the goods or the provision of the services it designated.

The Court stated that the fact that the products concerned, namely products for everyday consumption, were linked to keepsakes because of the affixing of the name of the castle, did not make that name an essential and descriptive characteristic of those products.

Moreover, the fact that these products and services were offered in a given place, in this case NEUSCHWANSTEIN Castle, could as such mean that the name of that place designated characteristics, qualities or particularities specific to and linked to the geographical origin of those products and services (crafts, tradition or climate).

NEUSCHWANSTEIN Castle is known, not for keepsakes, but for its architectural singularity and, in fact, this place of marketing cannot be considered as a description of an essential quality or characteristic in the eyes of the relevant public, knowing, moreover, that these souvenirs are also sold beyond the surroundings of the castle.

NEUSCHWANSTEIN is thus a fancy name that allows the relevant public, through its affixing, to distinguish the designated goods and services from those sold or provided in other tourist or commercial areas.

marie.jpg

Aurélia Marie

Cabinet Beau de Loménie

158, rue de l’Université

F - 75340 Paris Cedex 07 France

Tel: +33 1 44 18 89 00

Fax: +33 1 44 18 04 23

contact@bdl-ip.com

www.bdl-ip.com

more from across site and ros bottom lb

More from across our site

Managing IP’s senior reporter Rani Mehta interviewed attendees at the INTA Annual Meeting in Atlanta about how they made the most out of their first day
A team of lawyers who joined Norton Rose Fulbright from Polsinelli say they were drawn to the firm's global platform
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Lawyers say a ruling concerning liability for trademark infringement could give company directors an easy way out and create litigation uncertainty
The LMG Life Sciences Awards announces the winners for the 5th annual awards
Some US lawyers have strengthened their connections with European firms as they help clients determine whether the UPC will become a 'centre of gravity'
In the latest episode, the team discusses the battle to take control of listed company and IP business Qantm IP, and looks at some recent hiring trends
To mark Mental Health Awareness Week, lawyers explain how they manage their mental health, and how they pluck up the courage to ask themselves difficult questions
IP lawyers unpick a case heard at the CJEU’s Grand Chamber this week that could potentially create a new world for litigation in Europe
A lawyer who replied to a cease-and-desist letter with just two words has shown others how to deal with vexatious infringement allegations
Gift this article