22 May 2019

The CJEU recently ruled that 'NEUSCHWANSTEIN' is not an indication of geographical origin as the castle of the same name is not a place where products are manufactured or services are rendered. The decision came after a cancellation action was filed against the EU trademark 'NEUSCHWANSTEIN' stating that it lacked distinctive character. All previous instances had ruled in favour of the castle, but the CJEU held the view that the mark was not descriptive, which is consistent with previous case law.

 

Please click on the link below to read the full BrandWrites article.

https://www.brandwrites.law/neuschwanstein-castle-trademark-or-both/