Trademark registration refusal: "Smart Work Navigator" lacks distinctiveness and is subject to a need to keep free for trade description

The Federal Patent Court of Germany dismissed the appeal against the refusal of registration for the word mark "SMART WORK NAVIGATOR," thereby upholding the examination authority's decision. The dispute concerned a trademark application where the applicant failed to demonstrate that the mark possessed the requisite distinctive character and did not need to be kept free for competitors. The court held that the term consists of descriptive elements indicating the nature and purpose of the services in the field of employment and work organization, rendering it lacking in distinctiveness and subject to a need to keep free under the relevant trademark law.