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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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Anthonia Ghalamkarizadeh
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German Federal Patent Court: Spaghetti King - and latest issue of PMZ

The latest issue (08/09/2008) 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 this issue of the PMZ is a decision of the Federal Patent Court regarding the interpretation of Article 8(2) No's 1 and 2 of the German Trade Marks Act. The Federal Patent Court has published the following headnotes (unofficial translation):

Spaghetti King

The word "King" (König) has not become customary as a personified indication of outstanding quality of goods and services.

Case reference: 27 W (pat) 53/08 of 1 April 2008

The case can be retrieved in its entirety (German, PDF) by clicking here

Class 46 note: Article 8(2) No's 1 and 2 of the German Trade Marks Act provides as follows:

The following trade marks shall not be registered:
1. those which are devoid of any distinctive character in respect of the goods or services,
2. those which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or of rendering of the services, or other characteristics of the goods.

Posted by: Birgit Clark @ 12.20
Tags: Bundespatentgericht, German Trade Mark and Patent Office, German trade marks, PMZ,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.

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