Uncertain road ahead for quality signs in Germany
The ECJ has clarified that individual marks must be used as indicators of origin in order for their use to qualify as genuine. The decision throws up several issues related to quality signs, most notably in Germany, where certification marks are not recognised
The European Court of Justice (ECJ) has issued a decision concerning the genuine use of individual trademarks used as so-called ‘quality signs’ (ie, signs which indicate a certain quality in a product). The decision – which held that such marks must also be used as indicators of origin in order for use to be genuine – provides much-needed clarity for rights holders whose quality signs are protected as individual trademarks for certain goods or services, rather than registered as certification marks, especially since some jurisdictions (including Germany) do not recognise certification marks.
Want to read more?
Register to access two of our subscriber only articles per month
Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts
What our customers are saying
World Trademark Review, and particularly the WTR 1000, are always very useful sources for obtaining impressions and detailed information about foreign colleagues, law firms and jurisdictions. Our whole trademark team benefits from articles published in World Trademark Review.
Christian R Thomas
Attorney at law, legal and trademark department
KUHNEN & WACKER Intellectual Property Law Firm
Subscribe to World Trademark Review to receive access to the full range of trademark intelligence, insight, and case law, as well as our guides, rankings and daily market insight delivered to your inbox.