No se habla espanol in Austria: Nissan finally allowed to use ‘Primera’
Nissan applied in Austria for the word mark ‘Primera’ for automobiles in 2008. After some toing and froing, the Austrian PTO denied registration in 2010 on the grounds that ‘primera’ was a Spanish word meaning ‘first, first class, primary’ and thus the Austrian public would understand the term as merely describing the quality of the cars. Five years later, Nissan has moved on and no longer manufactures a car under the name of ‘Primera’. However, the Austrian trademark system has finally let it have the mark.
The Board of Appeal had upheld the PTO’s decision and further held that Spanish is a language taught at school; also, many Austrians would know basic words from their holidays. Moreover, the German word ‘prima’ had the same stem and originated from Spanish…
If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.
News from Taylor Wessing
News from The Lawyer
Briefings from Taylor Wessing
When considering whether a sign ‘consists exclusively of the shape of goods that is necessary to obtain a technical result’, the court is not confined to looking at the sign as filed.
Iceland Foods applied to register in the UK the trademark ICELAND (both figurative and word marks) for fish, meat, game and poultry.
Analysis from The Lawyer
The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world
Financial disputes are starting to dominate the English courts as the long-awaited fallout from the downturn finally comes to town