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KÖLNER DOM (BGH)

Federal Supreme Court (BGH), Decision of 12 October 2023 – I ZB 28/23

Decision Keyword:

KÖLNER DOM (Cologne Cathedral)

Law applied:

Section 8 (2) No. 1  of the German Trademark Act

Summary:

  1. The ground for refusal of lack of distinctive character pursuant to Section 8 (2) No. 1 of the German Trademark Act (MarkenG) precludes the registration of a trademark for goods and services designated by a broad generic term even if it exists with regard to individual goods and services falling under the generic term.
  2. If the public perceives the sign consisting of the name of a place of interest - consisting of an adjective place name and a building name (here: Kölner Dom/Cologne Cathedral) - in connection with goods that can be considered as travel souvenirs or supplies, only as a designation of the place of interest and not as an indication of the commercial origin of these goods, the sign lacks any distinctive character within the meaning of Section 8 (2) No. 1 of the German Trademark Act (MarkenG) (holding BGH, decision of 8 March 2012 - I ZB 13/11, BGHZ 193, 21 - Neuschwanstein; delimitation to ECJ, judgment of 6 September 2018 - C-488/16, GRUR 2018, 1146 - Bundesverband Souvenir - Geschenke - Ehrenpreise/EUIPO [Neuschwanstein]).

Federal Supreme Court (BGH), Decision of 12 October 2023 – I ZB 28/23

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