Log in


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

Want to receive Class 46 by email?
Click here subscribe for free.

Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
German Federal Patent Court: Lack of signature II ("Unterschriftsmangel II")

The German Federal Patent Court (Bundespatentgericht) had to decide in a case where an order by the German Patent and Trademark Office (DPMA) did not include the signature of the relevant DPMA office holder.

The court's advance press release of 16 November 2010 states the following headnotes (unofficial translation):

Lack of signature II ("Unterschriftsmangel II")

"A written executed copy of an order of the German Patent and Trademark Office requires the signature of the responsible office holder or - alternatively - a stamp of the German Patent and Trademark Office's official seal on the original copy of that order.

If this requirement is not fulfilled, then the order is invalid because the mandatory formality requirements have not been met. Whether this is the case has to be determined by the German Federal Patent Court.

A subsequent addition of the signature or of the official seal during the appeal procedure (Beschwerdeverfahren) is not possible in cases where the order was made during written proceedings at the German Patent and Trademark Office (further development to case: BPatGE 41, 44)."

Case reference 33 W (pat) 14/10 of 16 November 2010. Please click here to retrieve the Bundespatentgericht's press release.

German practitioners may wish to check recent orders received from the DPMA…
Posted by: Birgit Clark @ 07.05
Tags: DPMA, Germany, Federal Patent Court,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA2132
Reader Comments: 0
Post a Comment

MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.

The Class 46 Archive








+44 (0)116 2747355

9 Cartwright Court, Cartwright Way
Bardon, Leicestershire
LE67 1UE


Ingrid de Groot
Internal Relations Officer
Alessandra Romeo
External Relations Officer
James Nurton
Newsletter Editor
Robert Harrison

Signup for our blogs.
Headlines delivered to your inbox