Application for deletion of brand “Satisfyer“

By on October 18, 2017

Novoluto GmbH (c/o womanizer) applies for the deletion of the German word mark and European word and design mark „Satisfyer“.

On 20. September 2017, Novoluto GmbH filed an application for deletion against the German word mark „Satisfyer“ (DE 30 2016 012 789.5) at the German Patent and Trademark Office (Deutsches Patent- und Markenamt, DPMA) and on 25. September 2017 an application for deletion of the European word and design mark “Satisfyer” (EM 015 218 332) at the European Union Intellectual Property Office (EUIPO).

The argument made is that the term „Satisfyer“ must be able to be used freely in the course of trade. „Satisfyer“ is derived from the English word „to satisfy“ and suggests to the consumer that „someone or something is being satisfied“, therefore representing a descriptive indication for the relevant market, which cannot be protected by a trademark in this form.

A decision made by the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) dated 03. November 2016, supports this. Registration of the European word mark „Satisfyer“ was refused there for the reasons mentioned.

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