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.
Want to receive Class 46 by email?
Click here subscribe for free.
Click here subscribe for free.
Who we all are...
WEDNESDAY, 12 NOVEMBER 2008
German Federal Supreme Court: 'Pantohexal'
The court held that where a trade mark term strongly alludes to a descriptive term that is clearly recognisable to the relevant public (i.e. alludes to the name of the active substance of a pharmaceutical product), this trade mark will, per se, only be of ‘below average’ distinctiveness. If a later trade mark has been created by combining an earlier trade mark (here: PANTO) with the later trade mark owner’s business name - which itself is recognisable to the relevant consumers (here: HEXAL) - to form a new single word trade mark (here: Pantohexal), then the earlier mark may retain an independent distinctive role within the later composite word mark.
Tags: Bundesgerichtshof, German trade marks,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA782
German Federal Supreme Court: 'Pantohexal'
The court held that where a trade mark term strongly alludes to a descriptive term that is clearly recognisable to the relevant public (i.e. alludes to the name of the active substance of a pharmaceutical product), this trade mark will, per se, only be of ‘below average’ distinctiveness. If a later trade mark has been created by combining an earlier trade mark (here: PANTO) with the later trade mark owner’s business name - which itself is recognisable to the relevant consumers (here: HEXAL) - to form a new single word trade mark (here: Pantohexal), then the earlier mark may retain an independent distinctive role within the later composite word mark.
Case reference: I ZB 54/05 of 29 May 2008. The decision can be retrieved in its entirety via the Bundesgerichtshof's website.
Posted by: Birgit Clark @ 07.14Tags: Bundesgerichtshof, German trade marks,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA782
Reader Comments: 0
Post a Comment
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.
The Class 46 Archive
