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Deluxe Not Distinctive

Lidl has had an application to have 'Deluxe' registered as a Community Trade Mark rejected on the ground that it is not sufficiently distinctive in character to warrant trade mark protection.

The trade mark itself emphasised the word 'deluxe': the presentation of the mark was not sufficiently unusual to give it uniqueness.

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If you are planning to use a descriptive trade mark, especially one that doubles as a description of quality, great care must be taken if formal trade mark protection is wanted. Take legal advice at an early stage.
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