Creative spelling in a figurative mark neutralised by public perception

European Union

In Biogena Naturprodukte GmbH & Co KG v European Union Intellectual Property Office (EUIPO) the EU General Court dismissed Biogena’s appeal against a decision of the EUIPO First Board of Appeal. Biogena argued that the board of appeal had wrongfully refused registration of its application for a figurative sign as it found the mark to be descriptive of the goods and services concerned and devoid of distinctive character.

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