A castle of sand

NEH57dd2c_chateauIt would be an interesting trademark fight: at one side a wine label depicting the castle Lednic(ke) with in Czech the name Lednické Zamecke. At the other side, the European application of more or less the same image with the name Chateau Lednice.
Can such an element of cultural heritage be claimed as a trademark? Is a logo like this distinctive for wine (the Benelux Office recently refused the Nightwatch of Rembrandt for strontium)?
Well, we will probably never know this as the OHIM did not come to a substantive judgment: the opposition was already rejected upon the evidence of the earlier rights. The opponent had failed to submit a full translation of his earlier trade mark rights. An anti-climax, but a quite common mistake this evidence is an obstacle in many oppositions! And therefore, a good lesson to watch this requirements with even more attention.

Knijff Merkenadviseurs

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