Windsurfing Chiemsee [1999] Cases 108/97

Held - Descriptive Marks

• Mark which is the name of a geographical place not registrable where place is:

  1. Currently associated with goods concerned

  2. Or it is reasonable to assume that such an association may be established in future

• Relevant association may be belief amongst consumers that:

  • Goods are manufactured in that place

  • Goods are conceived of and designed in that place, even if consumers do not believe they were manufactured there

• The larger the place, the less likely mark can be registered

  • i.e. as more likely other traders will want to use it

• However mark can be registered where:

  1. Geographical location not known to relevant consumers

  2. Or consumers are unlikely to believe goods in question originate from that geographical location (E.g. because it is a mountain or lake)