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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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Anthonia Ghalamkarizadeh
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German Federal Patent Court: "Die Alliierten" (in English: the allies)

The German Federal Patent Court recently had to decide on the registrability of the word mark "Die Alliierten" (in English: the allies) covering, inter alia, apparatus for the recordal of sound and images, paper goods, advertisement, education, sport activities and hotel and catering services.

Analysing the mark, the court found that the mark was distinctive enough to qualify for registration: the mark consisted of the nominative case, plural form of the German word "Alliierter" (in English: ally) combined with the definite article "die" ("the"). The court took the view that (German) consumers would interpret this particular word combination ("Die Alliierten") first and foremost as a reference of the Allies of World War II, that is the countries that opposed Germany and the other Axis powers, as well as to the three western Allies that played a pivotal role when the Federal Republic of Germany was founded in 1949.

However, the court could not find any factual connection between the mark "Die Alliierten" and its historical and military meaning and the goods and services applied for in classes 9, 16, 35, 41, 43 und 45 and held that the mark did function as an indication of trade origin.

Bundespatentgericht, court order of 27 October 2010, case reference 28 W (pat) 532/10; "Die Alliierten". The decision can be retrieved via the court's website by clicking here.
Posted by: Birgit Clark @ 13.09
Tags: Bundespatentgericht, distinctiveness,
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