TUESDAY, 24 JUNE 2008
German Federal Patent Court: "MEN/MISS"
The latest issue (06/2008) of the "Blatt für Patent-, Muster- und Zeichenwesen" or "PMZ" has been published by the German Patent and Trade Mark Office (DPMA). One of the cases reported in this issue of the PMZ is a decision of the Federal Patent Court regarding the interpretation of section 9 of the German Trade Marks Act. The Federal Patent Court has published the following guidelines (unofficial translation):
Only insofar as a differenciation by gender for different productlines is customary for certain [types of ] products, can adjuncts such as "MEN" or "MISS" to otherwise identical marks not exclude a likelihood of confusion through a mental connection.
Case reference: 27 W (pat) 243/04 of 17 July 2007. The case can be retrieved here in its entirety (in German, PDF).
Posted by: Birgit Clark @ 17.48
Tags: Bundespatentgericht, German trade marks,