Decision Keyword:
KÖLNER DOM (Cologne Cathedral)
Law applied:
Section 8 (2) No. 1 of the German Trademark Act
Summary:
- 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.
- 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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