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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
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
FRIDAY, 2 JULY 2010
Bundespatentgericht: Speicherstadt

The German Federal Patent Court (Bundespatentgericht) recently had to decide on the registrability of the trade mark Speicherstadt, in English "city of warehouses"; case reference 24 W (pat) 76/08 of 4 May 2010.

 

The Speicherstadt is a well-known tourist attraction located in the city of Hamburg.  An English translation of the headnote of the Federal Patent Court's decision is set out below:

 

Speicherstadt

 

The term "Speicherstadt" will self-evidently be assoicated with the Speicherstadt near the Hamburg Harbour, one of the best known sights of this city.

 

With regard to the appreciation and the postive sentiments that consumers demonstrate with regard to this tourist attraction, the term would be considered as descriptive in the sense of Article 8 (2) No. 2 MarkenG [German Trade Mark Act) and - insofar as there is no close descriptive connection to goods and services - would also not be considered as a distinctive indicator of trade origin (Article 8 (2) No. 1 MarkenG)

 

 

To read the court's advance information on this case, please click here

To have a look at the Speicherstadt museum's website from where the above image has been taken, please click here  (English and German versions)

Posted by: Birgit Clark @ 12.22
Tags: Bundespatentgericht,
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