Koninklijke KPN Nederland NV v Benelux-Merkenbureau (Postkantoor) [2004] Case C-363/99
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:13:36 UTC
Company sought to register term ‘STINKY’ a trade mark for weedkiller.
Held
Mark is excluded where it is capable of designating characteristic of goods or services.
This case even if characteristic in question is of peripheral importance to goods.
Thus ‘STINKY’ might not be registrable for weedkiller, even though most important characteristic of weedkiller is its effectiveness at killing weed
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