Acquired Distinctiveness, Article 8(4) EUTMR, Coexistence, Denmark, descriptive, Lack of distinctiveness, Legal costs, National law
HOLD ON TIGHT Denmark: The importance of obtaining a word mark registration for weak trademarks
Two sports companies, Sports Group Denmark A/S (“Sports Group”) and WaterNlife ApS (“WaterNlife”) conflicted over the use of ENDURANCE as a trademark for sports clothing. Sports Group had registered the device trademark However, the trademark was not used as registered. Mostly, Sports Group used the mark in a much simpler and minimalistic version that looked…