Amsterdam claimed

bmYes, we are aware that hometown Amsterdam has a certain reputation abroad. In real life there is plenty more to discover than red lights and pot, but ok. What we did not knew is that you can actually claim the word Amsterdam.

In Europe, it was quite difficult to register geographical indications except of course insignificant villages or indications that have acquired distinctiveness through use. So, you file the trademark with an distinctive word or with a device element. being aware that the scope of protection will most of all apply to that extra element. Well, this could be different in the event you have a proceeding before OHIM.

The opposition on the base of Amsterdam Poppers (for cosmetics) against the trademark left has been accepted by the OHIM. Our reasoning would be that the dominant element is Poppers. But the OHIM found the trademark Amsterdam Poppers distinctive as the trademark as a whole did not have a meaning in relation to the products.

Our explanation would be: Poppers from Amsterdam. But the OHIM does not say anything about the geographical meaning of Amsterdam. A bit strange in our view as, with a detour, you can claim geographical indications after all.

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