The International Trademark Association (INTA) argues for the trademark eligibility of photorealistic facial images, asking the EUIPO to clarify that they are not inherently excluded from protection.
Johannes Hendricus Maria Smit, a recognized figure in the Netherlands, faced repeated refusals to trademark his image due to claims of descriptiveness and lack of distinctiveness, despite his reputation.
The EUIPO's stance reflects a broader perspective that photographic representations of people are too common in advertising, ultimately hindering their registration as trademarks.
The INTA's brief emphasizes the need for clearer guidelines on facial images in trademarks, aiming to broaden the scope of what constitutes a distinctive mark.
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