Wine Law

4 Distinctiveness is an essential condition of the validity of trademarks assessed by reference to the products and services designated [Art. 7.1(b)] and at the time of filing. However, a sign could become distinctive as a consequence of the use which has been made of it, but it can also have lost its distinctiveness if, in consequence of acts of inactivity by the proprietor, the trademark has become the common name in the trade for a product or a service in respect of which it is registered (Art. 58 EUTMR). Moreover, distinctiveness implies that trademarks which consist of the following shall not be registered:  exclusively of descriptive signs or indications [Art. 7.1(c)];  exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade [Art. 7.1(d)]; and  exclusively of shape, or another characteristic, which results from the nature of the goods themselves; which is necessary to obtain a technical result or which gives substantial value to the goods [Art. 7.1(e)]. It is in the public interest for such requirements to prevent the trademark owner from acquiring a monopoly on terms or shapes that are common in the trade and which should be freely used by all competitors. Thus, the above-mentioned absolute grounds for refusal shall apply notwithstanding that the grounds of non-registrability are obtained in only part of the Union (Art. 7.2). I.2.1. Commonplace elements As mentioned above, the core function of a trademark is to be capable of distinguishing goods or services from others goods or services Therefore, when the elements of the sign are too simple or commonplace, they lose their capacity and should not be registered as trademark. This mostly applies to word elements, but also to figurative elements whenever it is a true- to-life portrayal of the goods and services or when it consists of a symbolic/stylised portrayal of the goods and services that does not depart significantly from their common representation 4 . 4 See EUIPO trademarks guidelines.