1) The mere fact that the person of Annette von Droste- Hülshoff was a well-known poet whose works are part of Germany’s cultural heritage, does not justify a refusal to register a mark for the sign Hülshoff  according to § 8 (2) No. 1 and No. 2  German Trade Mark Act (non-distinctiveness and descriptiveness) , since a possible interest of the general public in the availability of the sign for everyone due to its status as cultural heritage should not be considered in this context.

2) Such names may however not be registrable as a trade mark, where the name of the well-known person is meant to identify goods or services, which are associated with that person or their work. Such an association is not limited to goods, but may also exist for services.

The decision can be retrieved by clicking here (in German, PDF)