The validity of a decision to refuse registration of the trademark ROUTE 66

Grette represented Tempting Brands AG against the State of Norway in this case before the Supreme Court, which concerned the validity of a decision to refuse registration of the trademark ROUTE 66 for a number of goods and services relating to travel. The case concerned the distinctiveness threshold for trademarks containing geographical names. The Supreme Court only considers cases of relevance beyond each specific case, and the final judgment clarifies a number of unanswered questions concerning the scope for trademarks comprising geographical names to be registered in respect of specific goods, as well as the significance of the decisions of the EUIPO. Tempting Brands prevailed before both the District Court and the Court of Appeal, but the Supreme Court reached the opposite conclusion of both of the courts below.