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

Price hikes at ‘big law’ firms are pushing some clients toward boutiques that offer predictable fees, specialised expertise, and a model built around prioritising IP
The Australian side, in particular, can benefit by capitalising on its independent status to bring in more work from Western countries while still working with its former Chinese partner
Koen Bijvank of Brinkhof and Johannes Heselberger of Bardehle Pagenberg discuss the Amgen v Sanofi case and why it will be cited frequently
View the official winners of the 2025 Social Impact EMEA Awards
King & Wood Mallesons will break into two entities, 14 years after a merger between a Chinese and an Australian firm created the combined outfit
Teams from Shakespeare Martineau and DWF will take centre stage in a dispute concerning the registrability of dairy terminology in plant-based products
Senem Kayahan, attorney and founder at PatentSe, discusses how she divides prosecution tasks, and reveals the importance of empathetic client advice
The association’s Australian group has filed a formal complaint against the choice of venue, citing Dubai as an unsafe environment for the LGBTQIA+ community
Firm says appointment of Nick McDonald will boost its expertise in cross-border disputes, including at the Unified Patent Court
In the final episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss the IP Inclusive Charter and the senior leaders’ pledge
Gift this article