Bovemij Verzekeringen N.V. v. Benelux Merkenbureau

Court

European Court of Justice

Our Position

Pursuant to European Trademarks Directive Article 3(3), distinctiveness can be acquired under Benelux law as a result of the use made of a trademark in a substantial part of Benelux territory (i.e., the Netherlands).

Outcome

The Court ruling was consistent with INTA’s submission and held that distinctiveness acquired in the Netherlands was sufficient to permit registration in the Benelux territory.

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