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.
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WEDNESDAY, 12 MARCH 2008
Germany: Federal Patent Court on the colour "red"
In an advance publication the German Federal Patent Court (Bundespatentgericht) has published the following brief guidelines regarding trade mark protection for the colour red:
Posted by: Birgit Clark @ 12.45
Bundespatentgericht, colour trade mark, German trade marks,
Colour trade mark Red ("Farbmarke Rot")
"If an abstract colour is used in connection with goods over a longer period of time in such a way that it creates an interconnection between the colour and the goods on the one hand and between the colour and the manufacturer of the goods on the other hand, one can assume, that the targeted consumers will have become accustomed to recognising the colour not merely as the colour of the goods but as a sign that indicates trade origin." [unofficial translation]
Case ref: 29 W (pat) 57/07 of 5 December 2007
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