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Attorney-at-Law Michael Horak, graduate engineer (Electrical Engineering), LL.M. (European Law)  | Julia Ziegeler, Attorney-at-law  | Attorney Umberg, LL.M., M.A.  | Lisa Schwerdt, Attorney-at-law  | Ansgar Kluge, Attorney-at-law  | Andree Eckhard, Patent Attorney  | Katharina Gitmann, Lawyer  | Karoline Behrend, Lawyer  | Johanna Müller, Patent Attorney

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... Start ... Overview ... Court Rulings ... Trademark law

Court rulings in the area of trademark law

JUDGMENT OF THE COURT OF FIRST INSTANCE (Eighth Chamber)  of  13 May 2009  T136/08 - Aurelia

Community trade mark – Community word mark AURELIA – Failure to pay renewal fee – Removal of trade mark from register on expiry of registration – Application for restitutio in integrum

ECJ Trademark Orange

This judgement deals with the question whether and under what circumstances a colour per se is eligible for trademark protection.

BGH BONUS II

The dispute concerning the term “BONUS” started in 1988. Now the applicant is trying to register it as a trademark; even though the German Supreme Court had already “obliged” the Federal Patent Tribunal to register the trademark before, it refused to do so again (and again to no avail).

BGH-ac-pharma

It is possible that a mere aural similarity may create a likelihood of confusion.

BGH-BlendaxPep

The name of a company is not to be considered in dealing with the question of distinctiveness.

BGH-Fünfer

The word per se does not lack distinctiveness, but might be subject to a requirement of availability.

BGH-Acceleration Fee

Repayment of an acceleration fee if the proceedings have not been accelerated due to reasons (such as work overload) within the German Patent and Trademark Office

OLG-FFM-alcon.de

No possibility of confusion of two identical marks of an undertaking (Unternehmenskennzeichen) if they cover different goods or services.

BGH-LOGO

LOGO is generally not descriptive.

KG-Toolshop

Toolshop is descriptive.

© 1998-2017 IP Attorney at law Michael Horak, LL.M, Certified IP Law Specialist

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