Since 2009, the plaintiff has rented waste containers under the name BOUWBAKKIE (little building container). In the past, authorities were somewhat more lenient in assessing whether a mark should be refused for being descriptive. This is also the case here; the BOUWBAKKKIE mark is registered as a word mark in the Benelux and the European Union.
When the defendant starts renting storage containers under the name OPSLAGBAKKIE (little storage container), the plaintiff objects, arguing that the marks are too similar. A lawsuit follows, in which the defendant counters by claiming that the plaintiff’s trademarks are descriptive and should be cancelled.
The court agrees. The words BAKKIE (little container) and the prefix BOUW (build) are common terms. The diminutive BAKKIE is not unusual and does not give the mark distinctiveness.
The plaintiff argues that the marks have acquired distinctiveness, but there is insufficient evidence to support this. Consequently, the requested prohibition is denied, and worse, the trademarks in question are cancelled. Lesson learned: when branding a new mark, avoid descriptive marks and opt for a fictitious or at least a suggestive mark.
