Time now for a defeat with surreal effects. Dali Theatre Museum is a famous museum in Figueres, Spain. Much of the work of the famous artist Salvador Dali is shown here.
This museum has registered its mark in the European Union. Not their real name Theatre Museum Dali but MUSEO DALI – DALI MUSEUM. A clever move thought the museum as several trademarks are protected in just one registration.
But this cheap has some costly effects. The museum was confronted with a revocation and had to demonstrate use of its mark. The museum filed use but this use concerned Theatre Museum Dali. The OHIM ruled that the distinctiveness of the words MUSEO DALI – DALI MUSEUM was limited. The addition of Theatre created a different trademark, so no legitimate use has been proofed. And the trademark was gone, a last trick of the big master?
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“Merkbescherming geeft vrijheid om te kunnen ondernemen.”