What could be more invigorating than starting the new year with a headnote from an only recently published court order of the German Bundesgerichtshof of 1 July 20101 concerning the registrability of a device mark for a "booklet cover", depicted on the left (strictly unofficial translation by Class 46).
"A device trade mark, which merely consists of decorative elements that are customary for the goods covered by the application, will not be regarded as an indication of trade origin by the relevant consumers, even if there are currently no goods on the market that are entirely identically shaped when compared to the sign applied for."
Bundesgerichtshof, order of 1 July 2010, case reference I ZB 68/09 "Hefteinband". The decision can be retrieved from the court's website by clicking here.
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