General Court denies acquired distinctiveness of orange colour trade mark for Champagne
How strict are the requirements for proving acquired distinctiveness throughout the EU? This question has been bothering trade mark owners for years. In a recent decision, the General Court raises the bar for evidence of acquired distinctiveness. The Background In 1998, well-known Champagne producer Veuve Clicquot sought protection for “wines from Champagne” in class 33 for the following colour: In the “Description” section of the trade mark application, the following…

