Acquired Distinctiveness, Appeal, cancellation, Denmark, descriptive, Evidence, Lack of distinctiveness
CREAM is that a colour? Distinctive character acquired through use
In Denmark – as in the EU – it is possible to overcome an absolute ground for refusal based on non-distinctive character of the mark applied for if the applicant is able to provide proof that the mark applied for has acquired distinctive character through use prior to the application date, see Article 7(3) EUTMR…