Abcor represents the defendant in the procedure that follows at the Benelux trademarks authorities. A market research report is submitted revealing that consumers perceive the phrase “I want to get rid of my car” as a descriptive message, not a brand. With that in mind, a procedure requesting revocation of the trademark is filed at the Benelux office and this is granted.
Dealerdirect appeals against this decision at the Benelux Court of Justice. Can the Office revoke a trademark previously accepted based on acquired distinctiveness? The Court rules it can! In these proceedings, new evidence has been submitted by both parties with regards to the acquired distinctiveness. Court (in line with Office) rules that on the basis of this evidence acquired distinctiveness can no longer be supported. This is partly due to the poorly conducted market research on the part of claimant. The revocation is upheld in Court. (Source image: Abcor)
