Industrial Property Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Administrative and professional organization
Title 1: Introduction
Chapter 1: Function of the trademark
Chapter 2: Signs that may constitute a trademark
Section 2: Inherent distinctiveness
Section 3: Acquisition of distinctiveness through use
Section 4: Lack of distinctive character
Section 5: Unlawful trademark
Chapter 4: Availability of trademark
Title 3: Acquisition of property right in the mark
Title 4: Rights conferred by the trademark
Title 5: Exploitation and transfer of the trademark
Title 6: Collective and guarantee marks
Title 7: Protection of the mark
Title 8: Loss of trademark rights
Title 9: Geographical indications
Part 3: Patents
Part 4: Designs
41. Concept of distinctiveness
1 minute de lecture
The concept of distinctiveness is not clearly defined in the legislation. It is a matter of case law interpretation of provisions that indicate the conditions that a sign must meet, or rather what it must not be, in order to constitute a trademark capable of being registered. From the outset, Article 3 of the 1964 law specified the signs that could not constitute a trademark without reference to …
