Henkel objects to the registration of the trademark GOODBYE YELLOW for hair and skin care products in the Benelux. Before the application of GOODBYE YELLOW, they themselves had attempted to register the trademark GOOD BYE YELLOW (Schwarzkopf) in the EU, which was refused by the European trademark authorities.
The Benelux trademark authorities argue that the mark is indeed invalid (Since the mark describes a characteristic of the product). Goodbye is a common expression to say farewell to something. In this case: aging yellow hair, teeth, skin and nails.
The Benelux Court of Justice upholds this decision. The relevant public will immediately understand the purpose of the product in relation to the goods for which the trademark was applied for.
Therefore, a trademark is descriptive if the relevant public immediately and explicitly understands what a product is for, without the need for an additional explanatory sentence to explain this. Therefore, as a company, choose a trademark where the consumer has to take some steps to understand the purpose of a product, so that the trademark can also be claimed.
