Dr Florian Schwab in WTR Daily on the case “EXHAUST-GARD”.

BOEHMERT & BOEHMERT lawyer and trade mark law expert Dr Florian Schwab has published the article “No protection for EXHAUST-GARD” in the online portal of the specialist magazine World Trademark Review on 2 June 2017.

The article discusses the recently delivered decision of the European Court of Justice from 27 April 2017 (T-622/15).  In its judgement, the Court rejects the possibility of protecting the mark EXHAUST-GARD for diesel emission fluid in class 01. As both courts at lower instances found, the Court held that it was of purely descriptive character. In particular, English speakers with necessary knowledge would immediately connect the word mark (which is comprise of the word “exhaust” and “g(u)ard”) with protection from dangerous emissions produced from combustion in diesel motors, in particular with the reduction of nitrous oxide content in these emissions. “The decision of the European Court of Justice is therefore less surprising than the vehement defence of the registration over three instances,” Dr Florian Schwab comments. Those subscribing to the WTR Daily can see the entire article here.