In an advance publication the German Federal Patent Court (Bundespatentgericht) on 27 November 2007 published the following brief guidelines regarding trade mark protection for the name “Leonardo Da Vinci” (Case reference 28 W (pat) 103/06 of 24 October 2007):

(i) Whether a trade mark is capable of distinguishing goods or services of one undertaking from those of other undertakings has to be ascertained positively. The mere fact that it cannot be completely ruled out that some sector of the trade might consider a sign as a trade mark, when the sign is used in a certain exposed manner, is not enough to establish the required distinctive character.

(ii) Names of historical figures are part of the cultural heritage of the general public at large. General trade usually does not associate such names with trade mark character.

(iii) The trade mark registration for the name “Leonardo Da Vinci“ therefore had to declared invalid on absolute grounds (lack of distinctiveness) and to be deleted from the register, §§ 50 I, 8 II No. 1 German Trade Marks Act.