Assessing Whether a Position Mark Has Acquired Distinctiveness.

Journal article

1 electronic resource (page 66-70)

Benelux Convention on Intellectual Property (Trade Marks and Designs), Art. 2.2bis(3) ‒ Airwair Headnote by the Editorial Office An inherently non-distinctive position mark which was registered for a product in any colour, but has acquired distinctive character through use only in relation to the product in specific colours, is subject to invalidation in its entirety. Court of Justice (Gerechtshof, Cour de Justice), judgment of 6 February 2024 – C 2022/15 A. The proceedings before the Benelux Office for Intellectual Property 1. Airwair is a British shoe manufacturer that markets shoes under the name Dr. Martens all over the world. In particular, these are lace-up boots. The first model, the 1460, takes its name from 1 April 1960 (1.4.60), the date on which the first example was produced. Originally designed as work shoes, Dr. Martens lace-up boots were quickly adopted by different sub-cultures as a symbol of rebellion. Dr. Martens boots have been and are still worn by many world-famous artists and celebrities. In the 1980s, the fame of ‘Dr. Martens’ spread to the Benelux countries.

Crossref

GRUR International ; 74, 1, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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