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German Federal Patent Court: VOLKSFLAT
In an advance publication on its website the German Federal Patent Court has published the headnotes of its recent decision in "VOLKSFLAT", case reference 24 W (pat) 142/05 of 16 February 2010
VOLKSFLAT
Earlier registrations of identical or similar trade marks can give reason for a critical examination, whether an assumed ground for refusal of an application actually exists but they do not consitutte a duty for the Patent Office or Patent Court to deal with these marks in detail and, if applicable, to comment on their registrability or non-registrability (see EuGH MarkenR 2009, 478 - American Clothing/HABM, Class 46 Comment: this is ECJ case: American Clothing Associates v OHIM, C-202/08 P).
To have a look at the court's updated website, please click here (English and German versions).
Posted by: Birgit Clark @ 11.00Tags: German Federal Patent Court,
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