MONDAY, 15 SEPTEMBER 2008
German Federal Patent Court: Spaghetti King - and latest issue of PMZ
The latest issue (08/09/2008) 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 Article 8(2) No's 1 and 2 of the German Trade Marks Act. The Federal Patent Court has published the following headnotes (unofficial translation):
The word "King" (König) has not become customary as a personified indication of outstanding quality of goods and services.
Case reference: 27 W (pat) 53/08 of 1 April 2008
The case can be retrieved in its entirety (German, PDF) by clicking here
Class 46 note: Article 8(2) No's 1 and 2 of the German Trade Marks Act provides as follows:
The following trade marks shall not be registered:
1. those which are devoid of any distinctive character in respect of the goods or services,
2. those which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or of rendering of the services, or other characteristics of the goods.
Posted by: Birgit Clark @ 12.20
Tags: Bundespatentgericht, German Trade Mark and Patent Office, German trade marks, PMZ,