lack of distinctiveness ‣ TM-Conqueror: Trademark law in Germany, Europe and the World

Are all sign eligible for protection as a trademark?

By horak LawyersPosted on 27. March 2023Posted in absolute grounds for refusal, certification mark, danger of deceiving the public, descriptive term, General, German Patent Application, lack of distinctiveness, reputation, trade mark application, trademark, trademark category, trademark law, tribunal decisionTagged act on protection of trademark, eligibility, German trademark law, German trademark lawyers, horak, horak attorneys at law, section 3, signs, specialized lawyers, trademark, trademark actNo Comments

As it is most of the times, you will find the answer in the German Trademark Act. According to Section 3, the signs eligible for protection as trade marks are: (1) All signs, particularly words including personal names, designs, letters, numerals, sounds, three-dimensional designs, the shape of goods or of their packaging as well as […]

Trademark: Terms of Renewal

By horak LawyersPosted on 18. July 2022Posted in absolute grounds for refusal, certification mark, danger of deceiving the public, DPMA, General, German Patent Application, lack of distinctiveness, Patent law, Patent license law, Patents, trade mark application, trademark, trademark category, trademark law, tribunal decisionTagged brand, EUIPO judgement, German law, intellectual property, IP-law, trademark, trademark application, trademark law, trademark protection, tribunal decisionNo Comments

Trademark´s Renewal Terms of protection: 3 Things To Know 1. After the Trademark Law Reform In the case of a trademark registered as of 01/14/2019, the term of protection begins on the day following the filing of the application and ends at the end of the day corresponding to the day of filing […]

BGH Eastern Decision on the Lindt Gold Bunny

By horak LawyersPosted on 19. April 2022Posted in certification mark, danger of deceiving the public, descriptive term, DPMA, General, German Patent Application, lack of distinctiveness, reputation, trade mark application, trademark, trademark category, trademark law, tribunal decisionTagged bgh, federal decision, German law, germany, golden, MarkenG, paintiff, plaintiff, public, respondent, trademark, trademark law, trademark regulation, tribunal decisionNo Comments

BGH Decision on trademark protection of the gold tone of the Lindt gold chocolate bunny Federal Supreme Court, Judgment of 29.07.2021 – I ZR 139/20 – Gold tone of the Lindt Gold Bunny enjoys trade mark protection – Let’s have a look at this interesting BGH, German Federal Supreme Court. The Federal Supreme Court has […]

Registering the name of an independent state: Andorra’s case

By horak LawyersPosted on 31. March 2022Posted in certification mark, danger of deceiving the public, descriptive term, DPMA, General, German Patent Application, lack of distinctiveness, trade mark application, trademark, trademark category, trademark law, tribunal decisionTagged Andorra, cases, decision, dismissal, ecj, Europe, European law, French, independent state, legal application, new, new case, news, refusal, registration, Spain, trademark, trademark applicationNo Comments

Andorra – the independent state : Bureaucracy problems The Principality of Andorra is not allowed to register its own name as a Union trademark. The government of the small principality is not allowed to protect the name “ANDORRA” as a Union trademark. The figurative sign should be used for marketing various goods and services. But that was recently […]

Trademark law absolute grounds for refusal

By horak LawyersPosted on 10. March 2022Posted in absolute grounds for refusal, danger of deceiving the public, descriptive term, lack of distinctiveness, trade mark application, trademark, trademark lawTagged absolute grounds for refusal, danger of deceiving the public, descriptive term, lack of distinctiveness, trademark, trademark applicationNo Comments

The DPMA examines the trade mark application for absolute grounds for refusal. Absolute grounds for refusal are for example: lack of distinctiveness descriptive terms that must be kept freely available for general use danger of deceiving the public an emblem of state included in the trade mark offence against public policy or accepted principles of […]