Transition of the distinctiveness of a long-standing trademark to an updated follow-up trademark.

• Is it possible that a recently registered follow-up trademark originally claims an enhanced distinctiveness?
• Does the follow-up trademark benefit from an enhanced distinctiveness of one or a row of long-standing trademarks?

For the transition of the distinctiveness of the long-standing trademark to the follow-up trademark it is sufficient if the market instantaneously remembers the long-standing trademark by means of the follow-up trademark, establishes a connection to the long-standing trademark and if the market recognizes the follow-up trademark for what it is in its commercial and communicative function, namely an improved follow-up characteristic, which despite of the differences to the long-standing trademark keeps its basic characteristics and indicates to the same commercial origin.

A transition of the distinctiveness of the long-standing trademark to the follow-up trademark occurs more likely the similar the follow-up trademark is to the long-standing trademark and the more enhanced the distinctiveness is of the long-standing trademark. Thereby an average distinctiveness can be sufficient.