In Windsurfing Chiemsee v Attenberger, the question before the
ECJ was whether the word “Chiemsee”, the name of a Bavarian
lake, could be trade mark for clothing or whether such a mark fell
within Article 3(1)(c), i.e. descriptive of the geographical origin.
Although the Court acknowledged that one of the aims of Article3(1)
(c) was to protect the public interest by keeping descriptive signs
free for use by all traders, it also added that the essential question
in this case was whether the sign designate a place which is
currently associated, or may be associated in the future, in the
mind of the relevant class of consumers with the category of goods
concerned.
The degree of familiarity with the geographical name, the
characteristics of the place and the category of goods concerned
should be considered.
If the geographical name is capable of designating geographical
origin (manufacture, conception, design), it is, in the absence of aqc
uired distinctiveness, unregistrable.
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