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THURSDAY, 6 NOVEMBER 2008
German Federal Supreme Court: Hansen-Bau
Tags: Bundesgerichtshof, German trade marks,
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German Federal Supreme Court: Hansen-Bau
In its decision "Hansen-Bau" the German Federal Supreme Court (Bundesgerichtshof) has recently handed down the following headnote regarding the distinctiveness of a surname (unofficial translation).
Hansen-Bau
Trade names which are composed of surnames are protected by Article 5 of the German Trade Mark Act irrespective of the surname’s frequency of occurrence. The frequency of occurrence of the surname only affects the term's level of distinctiveness and, in consequence, the scope of its legal protection. [Change to earlier Federal Consitutional Court decisions: BGH GRUR 1979, 642, 643 - Billich; GRUR 1991, 472, 473 - Germania; BGHZ 130, 276, 278 - Torres].
Case reference I ZR 134/05 of 30 January 2008. The decision can be retrieved in its entirety via the Bundesgerichtshof's website.
Posted by: Birgit Clark @ 12.28Case reference I ZR 134/05 of 30 January 2008. The decision can be retrieved in its entirety via the Bundesgerichtshof's website.
Tags: Bundesgerichtshof, German trade marks,



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