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, 9 SEPTEMBER 2008
German Federal Patent Court: Farbmarke Sonnengelb (colour trade mark sun yellow)
In an advance publication of 5 September 2008 the German Federal Patent Court has published the following headnote concerning the registrability of the abstract colour trade mark "sun yellow"; sections 8 (2) No.1, (3) German Trade Marks Act. (Unofficial translation)
Farbmarke Sonnengelb (colour trade mark sun yellow)
The colour trade mark sun yellow HKS 3 ("Sonnengelb HKS 3") is registrable as a trade mark for taxation law journals based on acquired distinctiveness ("Verkehrsdurchsetzung") without the need to conduct a demographic survey.
Case reference: 29 W (pat) 61/07 of 13 August 2008
Posted by: Birgit Clark @ 13.10
Bundespatentgericht, colour trade mark, German trade marks,
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