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ARTICLE · 29 MAY 2024

Compton Cases | Geographical Names As Fashion Trademarks

Simont Braun
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These judgments provide a good opportunity to refresh the rules on the registration and protection of geographical names as trademarks in relation to fashion items.

BelgiumIntellectual Property
Michael De Vroey
Michael De Vroey
Noah Verbaenen
Noah Verbaenen

In two judgements of 28 February 2024 in related cases T-746/22 and T-747/22, the General Court of the EU (GCEU) upheld the validity of two EU trademark registrations containing the geographical name 'Compton', which it considers distinctive and not descriptive for fashion items like clothing and bags. These judgments provide a good opportunity to refresh the rules on the registration and protection of geographical names as trademarks in relation to fashion items.

THE COMPTON CASES

In the COMPTON cases, the GCEU had to examine the validity of two EU trademark registrations held by BIW INVEST AG: one word mark composed of the name 'COMPTON' registered for clothing, headgear and footwear in class 25 (case T-746/22), and one figurative mark composed of the name 'COMPTON' in a stylised font registered for trunks and bags in class 18 and for clothing, headgear and footwear in class 25 (case T-747/22).

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