When does a trademark meet the registration requirements?
The condition for registering a sign as a trademark is that it must have ‘distinctive character’. That is, the mark must be identifiable as originating from a particular company such that the goods or services for which the mark is applied for can be distinguished from those of other companies.
Glashütte: a well-known concept in the watch world
According to the Court's judgment on this trade mark registration, the question to be answered is whether there is a well-known fact that Glashütte refers to a German town in Saxony, near Dresden, which is famous for the manufacture of high-quality watches. This is assumed in the present case. The General Court assumes that ‘original’ is understood as an idea of authenticity and fidelity to the original.
The role of the public in trade mark perception
This assessment of a trade mark registration is made partly on the basis of the perception of the public. The public is defined here as (at least) part of the German public, which is assumed to be the relevant public for this trademark dispute.
Virtual goods: same perception as physical watches
The argument that Glashütte is not known for virtual goods is rejected because
‘on the one hand, [it is] correctly considered that the name Glashütte evokes in the relevant public a German town famous for the manufacture of high-quality watches, [and on the other hand:] the relevant public will in principle perceive virtual goods and services in the same way as the corresponding real goods and services.’ In short: the perception remains the same.
‘Glashütte Original.’
‘Glashütte Original’ lacks distinctive character
Furthermore, the Court finds that ‘Glashütte Original’ is not perceived as a trade mark, but as advertising information about the quality and authenticity of the goods and services in question, precisely because of the reference to the town of ‘Glashütte’ and its reputation in the field of physical watch products.
Logo protection: why the General Court rejects it
The fact that a particular spelling is used for Glashütte with a stylised, handwritten lettering does not alter this. According to the judgment, protection as a logo cannot be obtained, partly because it is ‘a common calligraphic script’, and the logo elements are not distinctive.
The above is also not affected by the fact that the Glashütte Original mark was previously registered as a trade mark, as each trade mark registration must be assessed on its own merits.
Conclusion: no trade mark registration due to lack of distinctive character
This trade mark registration is refused for lack of distinctive character. Therefore, if the mark as such cannot distinguish goods or services for which it is applied for from those of other companies, it cannot be registered.
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