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, 3 JUNE 2008
Bundesgerichtshof: "THE HOME STORE"
Tags: Bundesgerichtshof, community trade marks,
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Bundesgerichtshof: "THE HOME STORE"
The latest issue (05/2008) of the "Blatt für Patent-, Muster- und Zeichenwesen" or "PMZ" has been published by the German Patent and Trade Mark Office (DPMA). One of the cases reported in the PMZ's current issue a case by the First Senate of the German Federal Supreme Court regarding the intereptation of Article 9(1) Community Trade Mark Regulation No 40/94. The Federal Supreme Court has published the following guidelines (unofficial translation):
"THE HOME STORE"
a) A Community Trade Mark is not protected against use as a company's name.
b) An injunction based on the infringement of a Community Trade Mark in one of the member states certainly as a general rule exists for the whole territory of the European Community.
Case reference: I ZR 33/05 of 13 September 2007. The case can be retrieved here in its entirety (in German, PDF).
Posted by: Birgit Clark @ 00.10Tags: Bundesgerichtshof, community trade marks,



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