Everlasting registration

Bundesliga_logo.svgAlthough the perception of the descriptiveness can vary in one country to another, the basis rule is the same: not every word can be a trademark. Words that describe certain qualities or the character of products and services cannot serve as a trademark. The big exception on this rule are trademarks that have acquired distinctiveness through use.
But this perception  has a region influence as well. Like UGG’s, in Australia a generic name, in the rest of the world a distinctive trademark. And Bundesliga: everybody outside Germany will think of the German soccer league. But in Germany and Austria, Bundesliga is just a name that means national competition (which is used  in several sports).
When the DFL Deutsche Fußball Bundesliga GmbH filed the European application of Bundesliga Forever, the EUIPO refused the trademark. Bundesliga was not a distinctive word and Foreover was a normal English word which could describe the competition (an everlasting competition). The DFL did not agree with the latter but also in Appeal, the refusal was maintained.

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