INDUSTRIES, MEDIA | EUIPO deems trademark “TV NOW” non-distinctive

On 23 May 2024, the Board of Appeal of the EUIPO issued a decision in Case R 1397/2022-5, concerning the application for EU trademark “TV NOW” claiming – among others – broadcasting services. According to the Board of Appeal, the trademark is per se devoid of distinctive character for the goods/services at issue in that (a) the expression “TV NOW” would be perceived as meaning “television at the present moment”, hence as a banal promotional message informing of the immediate availability of services; (b) the graphic component of the trademark consisting of a black banner and black graphics is also non-distinctive, in that it is non-striking and unoriginal; and (c) trademarks consisting of the word “NOW” followed by another non-distinctive word (such as “TV”) have been consistently rejected in the past for being devoid of distinctive character.

Newsletter n. 98 – July 2024