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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SUNDAY, 8 SEPTEMBER 2013
German Federal Patent Court: Annette von Droste zu Hülshoff Stiftung
In the case “Annette von Droste zu Hülshoff Stiftung" (English: Foundation (case
reference 33 W (pat) 550/11 of 2 July 2013) the German Federal Patent Court recently handed
down the following guidance concerning the registrability as a trade mark of
the name of a famous person whose works belong to Germany’s cultural heritage.
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)
Posted by: Birgit Clark @ 19.47
Well-known person, German Federal Patent Court, cultural heritage, distinctiveness, descriptiveness,
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