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“Elizabete Hotel”

Decision of the Supreme Court 31 October 2017 – Case No. ECLI:LV:AT:2017:1031.A420553311.2.S
  • Act on Trade Marks and Indications of Geographical Origin, Arts. 5(1)(3), 6(2), 7(1)(2), 9(3)
Decision • Trade Mark Law Latvia
  • 34 Downloads
  1. 1.

    Indications concerning the geographical origin of a good or service are to be regarded as descriptive elements, and thus do not fulfil the essential function (of origin) of a trade mark.

     
  2. 2.

    However, the fact that a particular word element refers to a geographical location does not in itself constitute an automatic basis for considering the geographical name included in the trade mark as a reference to the place of origin of the good or service, even if the origin of the good or the service in question is undeniably linked to that geographical location.

     
  3. 3.

    A geographical name can fulfil the function of a trade mark (distinctiveness) if there is no ground for believing that this geographical name is well-known to consumers.

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Keywords

Geographical indication Opposition to registration Similarity Likelihood of confusion Distinctive and descriptive characters Geographical location 

Notes

Copyright information

© Max Planck Institute for Innovation and Competition, Munich 2019

Authors and Affiliations

  • Act on Trade Marks and Indications of Geographical Origin, Arts. 5(1)(3), 6(2), 7(1)(2), 9(3)

There are no affiliations available

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