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OLG Frankfurt: use of a trade mark with a reputation as the trade name of a café
The Higher Regional Court of Frankfurt am Main, Germany,
recently had to decide on the question of the scope of protection of a trade
mark registration ‘with a reputation’ [in Germany] when used as the trade name
for a café.
In its headnote the court summarised its decision as follows
(translated by Class 46): the use of a
trade mark with a reputation (“Merci”) as the trade name of a café ("Café Merci") will only take unfair advantage of the repute
of the mark (§ 14 II No. 3 German Trade Marks Act) where the targeted consumers
will pay heightened attention or appreciation to the services offered by the
café because of a mental connection they establish between both signs. In the case at hand, there was insufficient
evidence concerning such a connection.
The decision can be retrieved in its entirety by clicking here (in German). Case reference: 6 W 36/12 of 23 May 2012. Thanks go to markenmagazin.de for finding this decision.
Posted by: Birgit Clark @ 09.09Tags: OLG Frankfurt, marks with a reputation, Germany ,
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