“Aalborg”

Application of the trademarks «Aalborg Industries», «Aalborg Boilers», «Aalborg Heaters» and others were refused by the Danish Patent and Trademark Office in the grounds that Aalborg is the name of a large Danish city, and the trademark thus lacked distinctiveness. The Board of Appeal confirmed this decision, which was appealed. The court found that the mark «Aalborg» was inherently distinctive as the relevant trade circles will not connect the city of Aalborg with the goods and services in question. The trademark was thus accepted for registration. This decision is in accordance with the practice of the OHIM but represents a major change in Danish practice.