BoingBoing reports that someone succeeded in trademarking "virtual sex".
There are some problems with this registration.
It lacks "distinctive character". That is an absolute ground for refusal under Article 7 1 a) of the 1994 Community Trademark Regulation.
It also exclusively consists of signs describing characteristics of the service. That is another absolute ground for refusal under c) of the above paragraph.
While granting this trademark seems to be without merit, it sure is an interesting example to illustrate the meaning of the above limits on trademark protection.
Posted by Karl-Friedrich Lenz at March 30, 2006 12:00 PM