”Vorsprung durch Technik“: Taylor Wessing wins case for Audi before European Court of Justice

”Vorsprung durch Technik“: Taylor Wessing wins case for Audi before European Court of Justice

Taylor Wessing has gained full trademark protection for the Audi AG slogan ”Vorsprung durch Technik“ (progress through technology). On 30 January 2003 Audi AG had filed a Community trademark application for ”Vorsprung durch Technik“ for many goods and services from areas other than the automotive sector. The application was rejected by the first OHIM examiner and one board of appeal for the major part of the goods and services, and the rejection was confirmed by the European Court. As reason for the negative decision, it was stated that the addressed consumers would understand the application merely as an advertising slogan, not as a trademark.

Seven years after the filing date, the European Court of Justice clearly turned this argument down. The fact that a trademark may be perceived as an advertising slogan is not sufficient to conclude that the trademark lacks distinctiveness.

Contrary to its practice in the majority of rulings, the ECJ itself evaluated the distinctive character of the trademark ”Vorsprung durch Technik“. The court reached the conclusion that the statement is indeed eligible for protection for all of the claimed goods and services.

As a result of the ECJ’s clear statement, it should be easier in future to obtain trademark protection for slogans. This is particularly beneficial to small and medium-sized businesses, which rarely have the funds to make their slogans as widely recognised for them to be registered on grounds of having acquired a reputation.

Background

Taylor Wessing also acted for Audi in the proceeding before the European Court.

Avocats Olaf Gillert