Congratulations to Claudia Csáky and Sarah Kasslatter on the excellent article that made it into the top 10 ILO articles in March!
In their latest ILO Article – which was one of ILO’s top 10 most popular articles last month – Claudia Csáky and Sarah Kasslatter discuss the recent decision of the European Union Intellectual Property Office (EUIPO) partially rejecting Burberry’s application for registration of its well-known Burberry check pattern as a figurative mark for virtual clothing, accessories and services due to lack of distinctive character.
In addition to a brief overview of the general classification principles of EUIPO with regard to trademark applications in the metaverse and as NFTs, the authors address why the decision shows that while in principle, the same registration principles shall apply – be it in relation to consumer perception or distinctiveness requirements – to the virtual world as to the real world, EUIPO appears to set stricter requirements for the existence of distinctiveness in the metaverse.
Read the article here or in the Intellectual Property Newsletter of the International Law Office.
