Region: Germany

Amended German trademark law comes into force - key changes highlighted

The Trademark Law Modernisation Act, which aims to transpose Directive 2015/2436 into German law, has come into force. This update reviews the changes that will have the greatest impact on mark owners.

17 January 2019

Federal Supreme Court: Producers must prove that Champagne does not determine taste of ‘Champagner Sorbet’

In a dispute over the use of the name ‘Champagner Sorbet’, the German Federal Supreme Court has held that the burden of proving that the ingredient Champagne does not determine the taste of ‘Champagner Sorbet’ rests on the claimant, a French association of Champagne producers.

09 January 2019

Protecting and enforcing design rights: Greece

Featured in Designs: A Global Guide 2019

With regard to national industrial designs, Greece has a ‘partially cumulative’ protection system. According to this doctrine, a registered design is eligible for protection under both copyright and design law, provided that the requirements for each type of right apply.

07 January 2019

Protecting and enforcing design rights: Germany

Featured in Designs: A Global Guide 2019

German registered designs are governed by the Design Act, which was recently renamed to reflect the fact that German registered designs are now officially called ‘designs’, rather than the previously used ‘aesthetical models’. This is an interesting inconsistency in German law

07 January 2019

German court asserts that Chinese manufacturer violated BMW’s trademark rights

The District Court of Hamburg has ruled that Chinese manufacturer Ninebot violated BMW’s trademark rights when it released a promotional video containing images of BMW’s MINI cars and logo.

06 December 2018

Federal Supreme Court sides with Nintendo against Bigben in design litigation

In a case regarding the infringement of a design registration protecting the shape of a controller for game consoles, the German Federal Supreme Court has upheld a refusal of leave to appeal a lower court decision in favour of Nintendo.

03 December 2018

Who is allowed to promote a MINI coffee machine and MINI XL coffee mugs?

Car manufacturer BMW has successfully challenged coffee retailer Tchibo’s use of ‘MINI’ for coffee machines and coffee mugs before the Frankfurt District Court.

06 November 2018

Facebook’s WHOIS access woes, DPMA’s IP workshop for refugees, and Santa-Cruz leaves INAPI: news round-up

In our latest round-up, we look at the Croatian president talking up nation branding, Gucci voicing “reluctance” to work with Alibaba and, brand owners readying themselves for motion marks, and much more.

19 October 2018

Trademark procedures and strategies: Germany

Featured in World Trademark Review Yearbook 2019/2020

Commercial designations are protected against newer identical or confusingly similar trade designations and trademarks once they are first used in Germany, but details of this protection can be complex.

12 September 2018

The fall of the own-name defence

The ability to raise the own-name defence in Europe is about to come to an end. This article examines the consequences of recent own-name legislative changes for businesses in Europe.

07 September 2018

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