12.03.2020: Application for word mark "Mädelsabend" rejected for lack of distinctive character
Signs which are per se devoid of distinctive character in relation to the goods and services claimed cannot acquire distinctive character through any kind of use on the goods claimed or in relation to the services claimed.
This is true even if the signs are affixed to places where trade marks are customarily affixed in the industry.
Practical tip:
The BPatG states here that only in a special individual case it is possible to deviate from the above principle, cf. e.g. #darferdas?, (BGH GRUR 2018, 932, ECJ GRUR 2019, 1194 and BGH GRUR 2020, 411).
Indeed, a sign without distinctive character cannot become a trademark by placing the sign on the goods where the buyer usually encounters a trademark.