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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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German Federal Patent Court : "Young Wild & Sexy"

In an order of 10 November 2010, the German Federal Patent Court (Bundespatentgericht) held that the sign "Young Wild & Sexy" was not registrable as a trade mark for class 41 services, including the organisation of parties.  The court took the view that the the composite mark "Young Wild & Sexy" was merely descriptive of the services covered, conveyed a clearly laudatory message and did not act as an indication of trade origin since the composite sign was neither original nor concise.   


The court found that the sign consisted of basic and simple English language terms ("young", "wild" and "sexy") which had migrated into the German language and were thus generally understood by German consumers.  The terms were also related to the respective German words: "jung", "wild" and "sexy".  The meaning of "Young Wild & Sexy" was thus immediately obvious to the consumer as a direct reference to the class 41 services offered, which were aimed at "…modern, unconventional, liberal and erotically attractive people". 


Case reference: 27 W (pat) 84/10 of 10 November 2010, which can be downloaded by clicking here (PDF).

Posted by: Birgit Clark @ 10.39
Tags: Bundespatentgericht, Germany,
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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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