Windsurfing Chiemsee Produktions- und Vertriebs GmbH v Boots- und Segelzubehör Walter Huber and Franz Attenberger

Brief Facts

Windsurfing Chiemsee Produktions- und Vertriebs GmbH (WSC) sought to register the word "Chiemsee" as a trademark for its goods. Boots- und Segelzubehör Walter Huber and Franz Attenberger opposed this registration, arguing that "Chiemsee" was a geographical name referring to a well-known lake in Germany and could not function as a trademark. The case was referred to the Court of Justice of the European Communities (ECJ) for a preliminary ruling on whether a geographical name could be registered as a trademark under Directive 89/104/EEC.

Issues

The primary legal issues before the ECJ were:

Whether a geographical name could be refused registration as a trademark under Article 3(1)(c) of Directive 89/104/EEC if it designates the geographical origin of goods.

Whether a trademark could acquire distinctive character through use under Article 3(3) of Directive 89/104/EEC.

Submissions of Parties

WSC argued that the name "Chiemsee" had acquired distinctiveness through use and was associated with its products rather than the geographical location. The opposing parties contended that geographical names should be kept free for use by all traders and that allowing "Chiemsee" as a trademark would limit fair competition.

Reasoning and Analysis of Judge

The ECJ held that geographical names are generally not registrable as trademarks if they indicate the origin of goods. However, the court clarified that such names could be registered if they had acquired distinctiveness through use, meaning consumers associated the name with a specific business rather than the geographical location itself. The assessment of distinctiveness should be based on consumer perception, market conditions, and potential exclusivity of the name. The court also noted that national authorities could rely on public opinion polls to determine distinctiveness.

Decision of Judge

The ECJ ruled that geographical names could be refused trademark registration under Article 3(1)(c) if they indicate the geographical origin of goods. However, under Article 3(3), such a mark could be registered if it had acquired distinctiveness through use. The case was remitted to the national court to apply this test to "Chiemsee."

Case Title: Windsurfing Chiemsee Produktions- und Vertriebs GmbH v Boots- und Segelzubehör Walter Huber and Franz Attenberger

Date of Order: 4 May 1999

Case No.: Joined Cases C-108/97 and C-109/97

Neutral Citation: Not available

Name of Court: European Court of Justice

Name of Judge: Not specified