Acquired distinctiveness for non-traditional trademarks in the Benelux: show your true colours
Deutsche Telekom’s Benelux trademark registration for a magenta colour mark was invalidated by the Benelux Office for Intellectual Property (BOIP) because it was unable to prove acquired distinctiveness throughout the Benelux[1]. The decision is an important reminder that non-traditional trademarks are often found to be ab initio devoid of distinctive character, and that the bar…