Assessing the Descriptiveness of a Trade Mark Application

Assessing the Descriptiveness of a Trade Mark Application

Journal article

1 electronic resource (page 555–562)

Extract Law of the Republic of Azerbaijan on Trademarks and Geographical Indications, Art. 5(c); Rules on Examination and Filing of Trademark Applications, para. 4(b) ‒ TASTE ON FİLTER Headnotes by the Editorial Office 1. The court upholds the refusal to register a sign. Rather than interpreting the entire expression as a slogan, it translates the sign from English and examines its individual elements. The court concludes that the sign is descriptive and lacks distinctiveness, as it is comprised solely of unprotected elements and serves to indicate the kind, properties and defined purposes of the goods in question. 2. During the trademark registration process, it is imperative to apply relevant substantive norms and safeguard the rights, freedoms and legitimate interests of third parties and ensure that the trademark examination complies with relevant norms in a manner that does not restrict the rights of consumers or third parties. Baku Administrative Court, decision of 19 September 2023 – No. e-2-1(112)-7623/2023

Crossref

GRUR International ; 74, 6, 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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