France: Is Neuschwanstein an IGO?

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

France: Is Neuschwanstein an IGO?

Sponsored by

beau-de-lomenie.png

The name of the castle of Ludwig II of Bavaria, Neuschwanstein, was filed as a European trade mark by the Free State of Bavaria in many classes of goods and services (3, 8, 14-16, 18, 21, 25, 28, 30, 32-6, 38 and 44). As its validity was contested, the question arose as to whether such a name was descriptive of the geographical origin of the goods and services claimed in the application.

In a judgment dated September 6 2018 (C-488/16), the CJEU confirmed that this trade mark was not an indication of the geographical origin since this place was not that of the production of the goods or the provision of the services it designated.

The Court stated that the fact that the products concerned, namely products for everyday consumption, were linked to keepsakes because of the affixing of the name of the castle, did not make that name an essential and descriptive characteristic of those products.

Moreover, the fact that these products and services were offered in a given place, in this case NEUSCHWANSTEIN Castle, could as such mean that the name of that place designated characteristics, qualities or particularities specific to and linked to the geographical origin of those products and services (crafts, tradition or climate).

NEUSCHWANSTEIN Castle is known, not for keepsakes, but for its architectural singularity and, in fact, this place of marketing cannot be considered as a description of an essential quality or characteristic in the eyes of the relevant public, knowing, moreover, that these souvenirs are also sold beyond the surroundings of the castle.

NEUSCHWANSTEIN is thus a fancy name that allows the relevant public, through its affixing, to distinguish the designated goods and services from those sold or provided in other tourist or commercial areas.

marie.jpg

Aurélia Marie

Cabinet Beau de Loménie

158, rue de l’Université

F - 75340 Paris Cedex 07 France

Tel: +33 1 44 18 89 00

Fax: +33 1 44 18 04 23

contact@bdl-ip.com

www.bdl-ip.com

more from across site and SHARED ros bottom lb

More from across our site

A group of five lawyers who joined Cleary Gottlieb say they want to help expand the firm’s IP litigation practice
As we build up to another busy year for the IP STARS rankings and our Managing IP Awards, we assess some of the major IP firms and trends in Germany
Florina Firaru discusses making new connections, the art of flower arranging, and the biggest misconception about IP
The firm, which appointed three IP partners from A&O Shearman, wants to develop a tier one practice in Europe
The England and Wales appeals court handed down its judgment just seven working days after hearing the trademark dispute involving pharma company Merck
A host of law firms from across Europe and beyond helped bring the streaming technology dispute to a close
Hugues Derème, director general of the Benelux IP Office, unveils his vision for the region, how to improve IP awareness, and use of AI
A copyright win for AI firm Anthropic and a new executive order against law firm Jenner & Block were also among the top talking points this week
A principal at Schwegman Lundberg & Woessner explains how AI tools, including DeepIP, can position the firm to help clients
The firm explains why AI-empowered data analytics could make it a more efficient advocate for its clients
Gift this article