Übersetzung für "Nicht unterscheidungskräftig" in Englisch

In this case, the contested decision is based on the fact that the term TRUSTEDLINK cannot be protected in the English-speaking linguistic area.

The emoticon does not alter that assessment because it is not distinctive.

The typo domain was not sufficiently distinct to distinguish itself from the trademark designation.

In the opinion of the opponent, the characteristics of the product are not distinctive, since climate and soil conditions, which are a determinant element for the product's quality, are the same as in Turkey.

Where the trade mark contains an element which is not distinctive, and where the inclusion of that element in the trade mark could give rise to doubts as to the scope of protection of the trade mark, the Office may request, as a condition for registration of said trade mark, that the applicant state that he disclaims any exclusive right to such element.

Remington counter-claimed for revocation of the trade mark registered by Philips on the ground that the sign on which the trade mark was based had no distinctive character.

The “grandfathering” of extended CTMsin these situations is not meant to confer on their proprietors any additionalrights in the new Member States vis-à-vis such descriptive or non-distinctiveindications.

The OHIM abandoned its practice of refusing to register the names of countries, regardless of the goods or services concerned, on the grounds that they constitute geographical indications and are for this reason either descriptive or non-distinctive.

First, it is clear from the decision of the Board of Appeal that the facts and legal considerations relied on by the Board to justify the lack of distinctiveness of the sign TRUSTEDLINK apply to all the classes of goods and services in respect of which registration was requested.

In addition it must be observed that there is nothing in the contested decision or the Office's response or the explanations it provided at the hearing to demonstrate that 'CARCARD' is not distinctive for the goods and services in the categories listed in paragraphs 40 and 41 above.

In early 2008, the Oberbank requested cancellation of this trademark because it would not be distinctive and would not have acquired distinctiveness by use.

In the contested mark it underlines the meaning of "smart" as clever and is not distinctive as such even in combination of all those elements.

The decision confirms that "smart" has no chance of trademark protection and that emoticons are not automatically distinctive.

As such, it can register any signs (words, pictures, music, and even aromas) provided that they are distinctive, not misleading and not merely descriptive.

Abstract colour marks are generally devoid of distinctive character and are therefore not registrable under Section 8.2 Nr. 1 MarkenG because the addressed trade regularly perceives a colour as a decorative element and not as a product label.

Specifically, the ECJ stated that "it cannot be generally claimed that a mark is not distinctive or descriptive simply because it consists of one or two letters".

OHIM refused that application. It took the view that that sign could designate the content of Technopol’s publications and that, in any event, the sign was not distinctive because it would be perceived by consumers as praising the publications and not as indicating their provenance.

Stopwords are the most frequently used words with no statistical significance to the search.

The fact that certain words in complex marks may be perceived differently or may have a more vague meaning does not make such signs distinctive.

For instance, the Supreme IP tribunal allowed registration of the sign LOUNGE.AT for services in classes 35, 38, 41, after the Austrian Patent Office had found lack of distinctive character.

The main issue in the proceedings was whether the mark applied for by the Finnish undertaking and VW's two Union figurative marks were similar: As the main argument for similarity between the two marks, VW argued that the EUIPO had attached importance to the word element 'MAIN AUTO WHEELS' for the purposes of the overall assessment, although it was merely descriptive of the vehicles on offer and the related advertising and therefore devoid of any distinctive character .

The applicant specified its allegation that the figurative element of the mark applied for is not distinctive for the services in question and that the word element "in" does not lead to any substantial differences between the signs in question.