No exclamation mark for JOOP!

by Chris

In Case T‑191/08 the European Court of Justice (ECJ) declined JOOP!’s motion to permit registration of a single exclamation mark placed inside a rectangle as a Community trademark.

The court ruled that this mark lacks distinctive character and therefore can not be registered as a trademark, pursuant to Art 7 Sec. 1b) of Regulation No 40/94. The single exclamation mark is a mere eye catcher, not suitable to convey the origin of goods.

The court also rejected the point that the mark had acquired a secondary meaning as a trademark pursuant to Art. 7 Sec. 3 of Regulation 40/94. JOOP! not only failed to deliver proof in time. The documents provided referred to the German market only and not – as it would have been necessary – to all markets in all member states.

4 comments

1 Peter { 11.07.10 at 19:19 }

interesting article. look here to register trademark in Germany or other countries http://www.luebeckonline.com/eshop/en/trademark-registration.html

2 PKV Vergleich online { 05.30.11 at 08:57 }

I must say that now days, brands are really expensive, in the way that you cant have something without sharing something. I the case of Joop , there was a really missunderstanding this case, though i think the brand is not on the good road and has gain some really good popularity on the market. I think the court has had the best decision ever.

3 karnevalskostüm kinder { 10.23.11 at 05:42 }

Interesting article. the court also rejected the point that the mark had acquired a secondary meaing as trademark pursuant to art 7 sec 3 of regulation 40/94 joop. realy interesting article..
karnevalskostüm kinder

4 UGG Classic Tall 5815 { 12.01.11 at 10:15 }

This is an exceptional content, and I can agree with what was written here. I will be back to check out more of your articles soon. Thanks

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