Journal of Intellectual Property Law & Practice Advance Access originally published online on November 9, 2006
Journal of Intellectual Property Law & Practice 2006 1(13):822-824; doi:10.1093/jiplp/jpl183
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© The Authors (2006). Published by Oxford University Press. All rights reserved.
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A trade mark which is not inherently distinctive must acquire distinctive character throughout a member state to be registered; where a member state (or the Benelux) is divided linguistically and a mark lacks distinctiveness in one language, but not another, it is only necessary to show sufficient distinctiveness in the linguistic area where it is not distinctive.