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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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Anthonia Ghalamkarizadeh
Birgit Clark
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THURSDAY, 1 JULY 2010
German Federal Patent Court : "Schusswaffe"

The German Federal Patent Court (Bundespatentgericht) has published the following headnote on its website concerning the registrability of a shape mark depicting a firearm ("Schusswaffe"); case reference 28 W (pat) 502/09 of 28 April 2010

 

"Firearm"

 

With regard to the good "firearm" it can usually be assumed that the shape of the good is exclusively product related or needed to obtain a technical result as the case may be. As such, the lifelike reproduction of a firearm cannot be proteced as a shape mark.

 

The court's advance information which was published on 25 June 2010 can be retrieved by clicking here. (Unofficial translation)

Posted by: Birgit Clark @ 07.05
Tags: Bundespatentgericht, shape mark,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


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