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THURSDAY, 11 SEPTEMBER 2008
Federal Patent Court: Farbmarke Gelb-Rot (Colour trade mark Yellow-Red)
Tags: Bundespatentgericht, colour trade mark, German trade marks,
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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.
Farbmarke Gelb-Rot
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
Tags: Bundespatentgericht, colour trade mark, German trade marks,



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