Acquired distinctiveness of abstract colored trademarks with a degree of association of 67,9%.

• Is it always necessary for a contour-less colored trademark, which gained distinctiveness following its usage that a consumer survey achieves a degree of association of at least 70%?

According to the interpretation of Art. 3 I and III of RL 2008/95 it is always necessary that a consumer survey regarding abstract colored trademarks achieves a degree of association of at least 70%.

• Is it forbidden that a disputable trademark is declared void in a nullity proceedings provided that it is not originally distinctive and its owner cannot provide evidence that the trademark had achieved distinctiveness following usage preliminary to the registration?

According to the interpretation of Art. 3 I and III of RL 2008/95 it is not forbidden to declare a disputable trademark void in a nullity proceeding, provided that it is not originally distinctive and its owner cannot provide evidence that the trademark achieved distinctiveness preliminary to the registration following usage.