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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THURSDAY, 11 SEPTEMBER 2008
Federal Patent Court: Farbmarke Gelb-Rot (Colour trade mark Yellow-Red)
More colourful news from the German Federal Patent Court (Bundespatentgericht). In an advance publication of 5 September 2008 the German Federal Patent Court has published the following headnote concerning the registrability of the colour trade mark "Yellow-Red"; §§ 3 (1), 8 (1), 8 (2) No. 1 and No. 2 German Trade Marks Act.
Posted by: Birgit Clark @ 08.33
Bundespatentgericht, colour trade mark, German trade marks,
An abstractly defined colour composition can indicate trade origin, if the colours are customarily used as means of differentiation in the relevant goods producing sector, their decorative effect is of lesser importance ("in den Hintergrund tritt") and if they do not convey a factual statement. (Unofficial translation)
Case reference: 29 W (pat) 33/08 of 21 May 2008
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