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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TUESDAY, 23 AUGUST 2011
German Federal Patent Court: 'Deutsches Institut für Menschenrechte'
In its decision relating to the registrability of the mark ‘Deutsches Institut für Menschenrechte’ (in English: German Institute of Human Rights), the German Federal Patent Court recently held that the name of an institute of national significance which consists of descriptive indications is generally and per se - that is before and unrelated to any type of use - non-distinctive for those goods and services which are usually offered by such an institute. (In continuity to BPatGE 48, 65 ‘Deutsches Notarinstitut’; and in contrast to BPatG GRUR 2010, 342 ‘German Poker Players Association’).
Case reference: 24 W (pat) 43/10 of 22 July 2011.
Please click here for the headnote of the case (in German).
Please click here for the full text of the decision (in German).
Posted by: Birgit Clark @ 07.06
Tags:
German Federal Patent Court, distinctiveness,
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