Schmidt Spiele (known for their game Rummikub) is confronted by this limitation, when she tries to register the layout of the board of the famous board game “Mens Erger Je Niet”. This application was refused because, according to the trademark authorities, a consumer would not see the design of the board as a trademark.
The European Court of First Instance rules that the trademark authorities were correct in their assessment. The consumer will not see the layout of a board game’s board as an indication of origin, but as a mere board on which a game is played. The board is merely a referral to the nature of the game. This ruling makes sense. If a company wishes to protect the look of a new product, they should protect this through a design application. Please be mindful that the design is new and not already made available.
