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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Bundesgerichtshof: STREETBALL
What is the relevant time for deciding whether a trade mark is distinctive enough to qualify for registration?
The German Federal Supreme Court (Bundesgerichtshof) recently answered this question in its court oder of 15 January 2009 ('STREETBALL', case reference I ZB 30/06):
'STREETBALL'
(Unofficial translation of the headnotes)
"The assessment as to whether a sign possesses a sufficient level of distinctiveness for the goods or services applied for has to be based upon the perspective of the relevant consumers at the time of deciding whether to grant the application to register the sign as a trade mark.
The fact that an identical sign has already been registered for the applicant covering identical goods or services, does not mean that the required standard of distinctiveness may be different, in particular it does not mean that the required standard of distinctiveness may be even lower."
The decision can be retrieved in its entirety by clicking here (in German)
Tags: Bundesgerichtshof, distinctiveness, relevant consumer, relevant time,



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