Gibson Decision: ‘Gibson’ 3D mark saved by its name.
[02/09/2020] In the context of the legal dispute between Gibson and Hans-Peter Wilfer, the Board of Appeal of the EUIPO upholds the decision of the Cancellation Division and rules in favour of Gibson Brands, Inc.
This decision follows the cancellation action initiated by Hans-Peter Wilfer against the “Gibson” 3D mark protecting the shape of a guitar and the stylised verbal element “Gibson” on the ground that the same is not sufficiently distinctive pursuant to Article 7(3) EUTMR.
Yet, the Board of Appeal considers that insofar as the contested trademark is not exclusively composed of the shape of the good (guitar) but also of the “GIBSON” logo affixed to the head of the guitar, it can therefore not be regarded as devoid of any distinctive character within the meaning of Article 7(1)(b) EUTMR.
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