reputation ‣ 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 […]

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 […]

What are trademarks?

By horak LawyersPosted on 10. March 2022Posted in reputation, trade mark application, trademark, trademark category, trademark lawTagged German trademark, trademark, trademark application, trademark lawNo Comments

As a rule, a trade mark is used to identify the goods and/or services of an enterprise. Signs suitable for distinguishing goods and/or services of an enterprise from those of another enterprise can be protected as trade marks. These can be, for example, words, letters, numbers, images, but also colours, holograms, multimedia signs and sounds. […]