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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WEDNESDAY, 25 JUNE 2008
German Federal Patent Court: Insolvency of the trade mark proprietor and trade mark renewal fees
Tags: Bundespatentgericht, German trade marks, insolvency, trade mark renewal,
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German Federal Patent Court: Insolvency of the trade mark proprietor and trade mark renewal fees
"In cases where insolvency proceedings against the assets of a registered trade mark proprietor have been instituted with the renewal deadline [of a registered German trade mark] expiring thereafter, the deadline for the payment of the renewal fees due will not be suspended according to section 240 of the German Code of Civil Procedures (§ 240 ZPO).Continuation of BGH X ZB 5/07 of 11 March, Sägeblatt, for trade mark laws."
Case ref: Bundespatentgericht 28 W (pat) 215/07 of 28 May 2008 regarding section 47 German Trade Mark Act and section 240 of the German Code of Civil Procedures.
Class 46: Section 240 of the German Code of Civil Procedures states that (civil court) proceedings are suspended after the opening of insolvency proceedings against a party in the proceedings.
Posted by: Birgit Clark @ 00.09Tags: Bundespatentgericht, German trade marks, insolvency, trade mark renewal,
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