Right To The Use Of A Name

Decision of BPatG (Federal Patent Court) of 23/04/2008, file number: 26 W (pat) 117/06

The name “Pontifex” cannot be registered as a trademark for beer. Since in an important number  of situations the name “Pontifex” is used with matters related with the pope, the use of the name as a beer brand would not only be a gross breach of taste, but also a could be offensive from the religious point of view.

Decision of the BPatG (Federal Patent Court) of 29/10/2009, file number: 25 W (pat) 72/09

The Federal Patent Court has decided that the word mark “WEIHNACHTS-ZAUBER” (“CHRISTMAS MAGIC”), which describes the special charisma and atmosphere of Christmas markets, cannot be registered due to the lack of distinctiveness. The word “WEIHNACHTS” (“CHRISTMAS”) shows a narrow relation to chocolate goods with typical Christmas taste. According to the Federal Patent Court, the connection to the word “ZAUBER” (“MAGIC”) is just a marketing recommendation and it does not create a new word.

Decision of BPatG (Federal Patent Court) of 15/09/2009, file number: 33 W (pat) 21/08

A mark which contains several purely describing parts is not capable of being protected even if these are atypically arranged or if they form new word creations, provided that they lack of distinctiveness. Technical terms which appear generally describing do not have this distinctiveness either. A former registration of a mark not capable of registration does not allow a claim for registration since no discretion is possible and is applied to the bare legal situation of the moment.

Judgement of OLG Hamm (Higher Regional Court Hamm) of 11/08/2009, file number: 4 U 109/09

If an anew established law firm uses a letterhead or an Internet site in almost identical form as a closed lawyer’s society, just because one of the founders belonged to the former partnership, an unlawful misleading can be understood. Since, thereby, the closed society appears to exist furthermore.

Decision of BPatG (Federal Patent Court) of 28/05/2009, file number: 25 W (pat) 70/08

The federal patent court had to decide whether the brand "Passion play" has, in the area of layout creations of web sites, enough distinctiveness for the, not only on the regional level but, worldwide known passion play which presents the popular dramatic representation of the life and death of Christ. The judges denied this because of the absent material relation of layout creations of the, in general widespread, image of the passion play. They were against a registration of the brand.

Judgement of OLG München (HRC Munich) of 30/04/2009, file number: 29 U in 4978/08

The copyright of a work is only cancelled with the final assignment of the use for the work. If the possibility of a renewed broadcast exists through a film, no final assignment is given. The name "Der Seewolf" is the German translation of the title of the novel "The Sea Wolf", however, does not hinder the distinctiveness because of different work kinds. Besides, it describes the filming of the novel as its central quality.

Judgement of BGH (Federal Supreme Court) of 02/04/2009, file number: I ZR 209/06

a) The protection limit of § 23 No. 2 MarkenG (Trademark Act) should be settled within the purpose of obtaining the possibility to all economic parties, to use describing specifications of their products.

b) Because of the use of a describing concept in a sign and according to § 14 paragraph 2 No. 2 MarkenG (Trademark Act), danger of confusion with an older existing trademark which was settled from the describing concept, does not necessarily justify the acceptance of an immoral contract., § 23 No. 2 MarkenG (Trademark Act) ...

Decision of the BPatG (German Federal Patent Court) of 05/02/2009, file number: 30 W (pat) 56/06

By the assessment of the word result to be registered "TheAuditor", the complete name will be blocked. A narrow describing relation is given, since the subject of the proceeding goods stand in closer connection to the activity or education of an auditor, or provide information about the assignments of the auditor. Hence, the brand lacks the distinctive character.

Decision of the BPatG (German Federal Patent Court) of 01/04/2009, file number: 29 W (pat) 10/07

The meaning of a fast erected photo album comes up to the registered trademark as well as next the function of a being in the foreground material specification, but not those of a company origin tip. The concept returns the object of the offered cost-efficient service. To be able to advertise properly, the cost-conscious consumer must additionally be demanded.

Judgement of LG Köln (Regional Court Cologne) of 29/01/2009, file number: 31 O 537/08

If the use of a brand is agreed on by contract to the manufacturers for model creations (here model railway), they are entitled to omission against a competitor who uses the brand without such contract. However, as a licensee the assertion is denied by information claims, calculation submission claims and claims for compensation.