EU Court Say No to Exclamation Trade Mark!
The Court of First Instance in Luxembourg has held that a trade mark application for an exclamation mark is not registrable as a trade mark.
The application was made by the owners of the Joop! brand who manufacture clothing and fragrances. However the Office for Harmonisation for the Internal Market (‘OHIM’) refused the application on the grounds that the mark lacked ‘distinctive character’. This was subsequently upheld by the court in Luxembourg.