The Benelux Court of Justice (BCJ) recently assessed whether the Benelux Office for Intellectual Property (BOIP) rightly refused the Benelux trademark PET'S BUDGET for being descriptive.
The central question in this case was the criterion to assess whether a sign is descriptive. The implications of the case are groundbreaking since it will likely lead to:
- quicker findings of signs or trademarks being descriptive; and
- more refusals at the BOIP.
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Source: ILO, 22 September 2020.