France: Is Neuschwanstein an IGO?

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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 SHARED ros bottom lb

More from across our site

Justin Hill and Marie Jansson Heeks, part of an 18-strong team to have joined Crowell & Moring, explain why IP client advice must go beyond only being called upon for patent disclosure
To mark the EUIPO having processed five million EUTM and REUD applications, Managing IP speaks to the most prolific representatives to uncover how they stay at the top of their game
The merger marks Rouse’s second M&A deal within a month, and will provide access to Arnold & Siedsma’s UPC offering
Simon Tønners explains why IP provides the chance to work with some of the most passionate, risk-taking, and emotionally invested clients
The co-leaders of the firm’s new SEP practice group say the team will combine litigation and prosecution expertise to guide clients through cross-border challenges
Boasting four former Spruson & Ferguson leaders and with offices in Hong Kong and Singapore, the IP firm aims to provide fast, practical advice to clients
Partners at three law firms explain why trade secrets cases are rising, and how litigation is giving clients a market advantage
Delegates at a conference unpicking the UK’s relationship with the UPC are hopeful of strengthened UK involvement – so should we all be
News of a litigation funder suing its co-founder and a law firm over trade secrets infringement, and a strategic hire by Womble Bond Dickinson were also among the top talking points
Managing IP’s parent company, LBG, will acquire The Lawyer, a leading news, intelligence, and data-driven insight provider for the legal industry, from Centaur Media
Gift this article