CLASS 46
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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SUNDAY, 1 MARCH 2009
DPMA and the registrability of the trade mark "hardcore"
Tags: dpma, Registrability,
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DPMA and the registrability of the trade mark "hardcore"
The DPMA's latest press release of 27 February 2009 concerns German trade mark No. 302008045099.1 "hardcore" and the "... numerous queries" concerning this trade mark which the DPMA " ...has recently received". In its press release the DPMA states that the mark was registered in December 2008 and covers goods in classes 24 (woven fabric and textiles), 25 (clothing, shoes and headgear) and services in class 40 (processing of fabric materials).
The DPMA's press release further stresses that the registrability of a mark under the German trade mark act has to be judged solely with regard to the goods and services covered and not with regard to the potential use of a mark. As such, the DPMA emphasised that it had to register the mark and points out that third parties may oppose it, if they so wish. [Class 46 comment: Germany has a post registration opposition process.]
A little research reveals the background of this slightly cryptic press release: according to a report in the magazine "Die Zeit", the term "hardcore" has certain far right connotations and the proprietor of this trade mark appears to be active in the neo-nazi scene. He reportedly intends to use his trade mark for an online shop selling t-shirts and other memorabilia.
This member of Class 46 can't find fault with the DPMA's stance unless the term "hardcore" falls foul of Section 8(2)No.5 German Trade Mark Act, i.e. is obviously offensive to a large section of the public. I would be interested in our readers' views....
Posted by: Birgit Clark @ 18.25The DPMA's press release further stresses that the registrability of a mark under the German trade mark act has to be judged solely with regard to the goods and services covered and not with regard to the potential use of a mark. As such, the DPMA emphasised that it had to register the mark and points out that third parties may oppose it, if they so wish. [Class 46 comment: Germany has a post registration opposition process.]
A little research reveals the background of this slightly cryptic press release: according to a report in the magazine "Die Zeit", the term "hardcore" has certain far right connotations and the proprietor of this trade mark appears to be active in the neo-nazi scene. He reportedly intends to use his trade mark for an online shop selling t-shirts and other memorabilia.
This member of Class 46 can't find fault with the DPMA's stance unless the term "hardcore" falls foul of Section 8(2)No.5 German Trade Mark Act, i.e. is obviously offensive to a large section of the public. I would be interested in our readers' views....
Tags: dpma, Registrability,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA1037
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