On the assessment of distinctive character of the slogan "Du bist, was du erlebst"

 

As a continuation of the famous AUDI case, once again, the European authorities have had time to remember that for a slogan can be registered as a trademark, and therefore regarded as distinctive, it was necessary that the characteristics of the sign are ‘likely to give it an original character, trigger among the relevant public a cognitive process or effort of interpretation that make this sign, in the perception of the public, something that a simple promotional formula prompting consumers to consume. ‘

In this case, the Court of the European Union (TEU, May 31, 2016, T301 / 15, Jochen Schweizer / EUIPO) considered that the slogan "Du bist, was du erlebst" which can be translated as ‘you are what you feel’ is not distinctive in relation to products or services regardless of whether the extent that the consumer will perceive it as ‘laudatory message that prompts the consumer to consume in order to enhance personal development and not as an indication of their commercial origin‘.

 

Publication date : June 2016

 

Contacts : Marion LAPERRIERE and Béatrice DAUBIN

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