ARTICLE
15 October 2019

No Trademark Protection For "Black Friday"

GA
Global Advertising Lawyers Alliance (GALA)
Contributor
With firms representing more than 90 countries, each GALA member has the local expertise and experience in advertising, marketing and promotion law that will help your campaign achieve its objectives, and navigate the legal minefield successfully. GALA is a uniquely sensitive global resource whose members maintain frequent contact with each other to maximize the effectiveness of their collaborative efforts for their shared clients. GALA provides the premier worldwide resource to advertisers and agencies seeking solutions to problems involving the complex legal issues affecting today's marketplace.
In a recent decision the Austrian Court of Appeal in Vienna rejected an application to have the term "Black Friday" registered as trademark
Austria Intellectual Property
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In a recent decision the Austrian Court of Appeal in Vienna rejected an application to have the term "Black Friday" registered as trademark. In its grounds the court pointed out that the term "Black Friday" is generally known as the day after Thanksgiving Day which signals the beginning of the Christmas shopping season. Thus "Black Friday" as being descriptive and lacking of distinctive character cannot be protected as trademark in Austria. This means that the use of this sign is still open to all in Austria. However, a cross-border use of "Black Friday" – online or offline - could violate trademark rights obtained in countries outside Austria.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
15 October 2019

No Trademark Protection For "Black Friday"

Austria Intellectual Property
Contributor
With firms representing more than 90 countries, each GALA member has the local expertise and experience in advertising, marketing and promotion law that will help your campaign achieve its objectives, and navigate the legal minefield successfully. GALA is a uniquely sensitive global resource whose members maintain frequent contact with each other to maximize the effectiveness of their collaborative efforts for their shared clients. GALA provides the premier worldwide resource to advertisers and agencies seeking solutions to problems involving the complex legal issues affecting today's marketplace.
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