ニュース

Can we protect everything under the Trademark Law?

Published on: 09 April 2013
by Ms. Clemence Le Cointe, Trademark Lawyer at Dennemeyer & Associates, Munich

The descriptive character and the infringement against public order and principles of morality of unusual trademarks

A trademark is a sign which can distinguish your goods and services from those of your competitors. Can we choose any word or logo for this purpose? According to Section 8 of the German Trademark Act, among others, trademarks which are contrary to public policy or to accepted principles of morality shall be excluded from registration.

Two trademarks applications were filed in Germany which could be criticized because of their meaning in the language of Shakespeare.

1 The “*” sign has been used throughout this article to avoid usage of full form profane language
2 e-foia.uspto.gov/Foia/ReterivePdf
3 Decision of 6 July 2006 - R 495/2005-G