NETHERLANDS Law and Practice Contributed by: Radboud Ribbert and Wouter van Wengen, Greenberg Traurig, LLP
application. Also, the applicant may limit or alter the classes for which the application is filed. Descriptiveness Similar to other jurisdictions, a trade mark that consists exclusively of signs or indications that may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geo - graphical origin, or the time of production of the goods or services may be refused. To over - come this objection, the applicant could raise market research or other evidence to show that the trade mark is not descriptive because it has gained sufficient distinctiveness for the respec - tive services and/or goods. Also, the applicant may limit or alter the classes for which the appli - If a trade mark consists exclusively of signs or indications that have become customary in the current language or in the bona fide and estab - lished practices of the trade, it may be refused. To overcome this objection, the applicant could present market research or other evidence to show that the trade mark is not generic because it has gained sufficient distinctiveness for the respective services and/or goods. Also, the applicant may limit or alter the classes for which the application is filed. Deceptive marks cation is filed. Generic terms Trade marks that are deceptive or likely to deceive the public, particularly concerning the nature, quality, or geographical origin of the goods or services, may be refused. To over - come this objection, the applicant could present market research or other evidence to show that the trade mark is not deceptive, because it has gained sufficient distinctiveness for the respec - tive services and/or goods. Also, the applicant
may limit or alter the classes for which the appli - cation is filed. Shape of goods or their packaging If the shape results from the nature of the goods themselves, is necessary to obtain a technical result, or gives substantial value to the goods, it may be refused registration. To overcome this objection, the applicant could present market research or other evidence to show that the trade mark has gained sufficient distinctiveness for the respective services and/or goods. Also, the applicant may limit or alter the classes for which the application is filed. Contrary to public policy or to accepted principles of morality Trade marks that are contrary to public policy or accepted principles of morality may be refused. This objection can be overcome by providing arguments or evidence demonstrating how the trade mark does not contravene these princi - ples. National emblems, official signs, and hallmarks The use of national emblems, official signs, or hallmarks indicating control and warranty may be refused. This objection can be overcome by providing arguments or evidence demonstrating that the trade mark does not infringe upon these symbols. Geographical indications and designations of origin Trade marks that are identical to or likely to be confused with a registered geographical indica - tion or a protected designation of origin may be refused. This objection can be overcome by providing arguments or evidence demonstrating that the trade mark is not likely to be confused
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