Tag Archives: Distinctiveness

Distinctiveness (despite the affirmativeness of the word) is a fluid concept. It could mean “distinctive” in its class but not “distinctive enough” to prevent others from using it for their own purposes in a different class. So, too, a term accepted by a trademark office can be regarded as distinctive within its jurisdiction, but un-distinctive in another. Words that may appear arbitrary in one jurisdiction, in another may have a cultural meaning. For example, in CeWe Color AG & Co. OHG v. Shenbun Limited, D2008-0810 (WIPO July 10, 2008) (<cewe.net>), the Complainant believed that its trademark CEWE was arbitrary, as it is in Germany, but Respondent showed that “cewe” is used as a “slang word in the Bahasa Indonesia … Read the rest