Region: Germany

Federal Supreme Court seeks clarification on visibility criterion in German design law

The forthcoming CJEU definition of the ‘visibility criterion’ by German courts could have significant implications for the relevance of characteristic design features not visible during normal/intended use in EU design infringement cases.

13 January 2022

Trademark procedures and strategies: Germany

Featured in World Trademark Review Yearbook 2017/2018

The following are enforceable in Germany: German trademarks, EU trademarks, German trademarks based on international registrations, names and non-registered trade designations. German trademarks are governed by the Trademark Act, which implements the EU Trademark Directive (89/104/EEC) and the Regulation on Trademark-Related Administrative Proceedings.

27 December 2021

Federal Court of Justice: trademark owners bear the burden of proving the public recognition of a trademark

The German Federal Court of Justice has recently clarified that trademark owners bear the burden of proving the public recognition of a trademark within the relevant trade circles in both cancellation and trademark application proceedings.

01 December 2021

Supreme Court sheds light on influencer advertising ahead of new Unfair Competition Act

The German Federal Supreme Court has handed down three parallel decisions on social-media influencers using their Instagram pages to advertise third-party products. The decisions are likely to be applicable even after issue-related amendments to the Unfair Competition Act come into force in May 2022.

18 November 2021

Register Tracker Europe and US: May-August 2021

Featured in Prosecution

The latest data reveals that filings are down, particularly domestic applications.

27 October 2021

2021 INTA Annual Meeting capsule keynotes; fountain pen trademark drama; Disney+ to expand into Asia – news digest

In our latest round-up, we look at Montenegro expanding its TMclass participation, KIPO seeing a significant increase in covid marks, and much more.

15 October 2021

GENGHIS KHAN decision highlights importance of industry peculiarities to unregistered company rights

07 October 2021

Oktoberfest – how a local festival became a world-famous brand

While this year’s Oktoberfest has again been cancelled due to the still ongoing global pandemic, we take a deep dive into how it is managed from a trademark perspective, including the protection of beer as a protected geographical indication.

30 September 2021

Appeals court rejects Steiff’s claims of infringement on bear mark

An appeals court has upheld that a German toy brand, Steiff, did not have its famous bear mark infringed upon by competitors, as the alleged infringing goods did not “use [the bear] as a trademark” – evidence of alleged reputation provided by the plaintiff was rejected as insufficient.

23 September 2021

Volkswagen drops ‘.brand’ new gTLD; Ice Cube likeness claim fails again; Watercress added to UK GI list – news digest

In our latest round-up, we look at how verification sticker labels are reducing counterfeit seed cases in Kenya, Nodwin Gaming acquiring an IP portfolio, and much more.

21 September 2021

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