Deutsche Telekom’s Benelux trademark registration for a magenta colour mark was invalidated by the Benelux Office for Intellectual Property (BOIP) because it was unable to prove acquired distinctiveness throughout the Benelux[1].

The decision is an important reminder that non-traditional trademarks are often found to be ab initio devoid of distinctive character, and that the bar of acquired distinctiveness is high. It generally requires “(very) long and extensive use” in all three countries of the Benelux.

Pieter van den Bulck explains more in an article for the Wolters Kluwer Trade Mark Blog. You can read the full article here.