Wednesday, 12 March 2014
Button in the Ear has no Distinctive Character
However, the members of the boards of appeal of the OHIM and judges of the European Court of Justice apparently do not share this blogger's experiences and have rejected the application due to a lack of distinctive character.
According to the court, buttons and little tags bearing information such as a brand, price or cleaning instructions are usual design features of cuddly animals and the Steiff ear tag does not differ from the design usual in this field to a sufficient degree.
It appears that Steiff will have to provide evidence that the sign acquired distinctive character through the use which has been made of it.