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CJEU confirms the layout of a retail store may be registrable as a trade mark
  • Baker & McKenzie
  • Germany, European Union
  • August 18 2014

The CJEU has confirmed that a retail store design may be registrable as a trade mark. The case concerns an application by Apple to register a

German Federal Supreme Court: Requirements for the cancellation of a trademark due to absolute grounds Absence of distinctiveness at time of application (decision of November 6, 2013 Case I ZB 5912 Smartbook)
  • BARDEHLE PAGENBERG Partnerschaft mbB
  • Germany
  • July 14 2014

Smartbook AG is the owner of the German trademark No 305 05 515 "smartbook" (word mark), filed on February 01, 2005, and registered on

Cologne Appeal Court: Use of a chocolate product comprising the shape of a bear wrapped in a golden foil does not infringe word mark “GOLDBÄREN” (decision of April 11, 2014 Case 6 U 23012 GoldbärenGolden bears)
  • BARDEHLE PAGENBERG Partnerschaft mbB
  • Germany
  • July 14 2014

The claimant Haribo, the German producer of the famous fruit gums "Goldbären", challenged the distribution of Chocoladenfabriken Lindt & Sprü

German Federal Supreme Court: Standards of distinctiveness and descriptiveness under German trademark law (decision of February 19, 2014 I ZB 313 HOT)
  • BARDEHLE PAGENBERG Partnerschaft mbB
  • Germany
  • July 14 2014

On February 19, 2014, the German Federal Supreme Court confirmed a decision of the German Federal Patent Court of October 9, 2012, which had

German Football Association’s logo currently does not violate German law
  • Kegler Brown Hill + Ritter
  • Germany, USA
  • October 30 2014

I previously discussed the dilemma the German Football Association (Deutscher Fussballbund or DFB) is due to a potential trademark violation of its

German Federal Supreme Court: use of yellow colour for language learning software by Rosetta Stone infringes yellow colour mark of Langenscheidt (decision of September 18, 2014 case I ZR 22812 Gelbe WörterbücherYellow Dictionaries)
  • BARDEHLE PAGENBERG Partnerschaft mbB
  • Germany
  • December 16 2014

Since 1956 the German publisher Langenscheidt distributes its printed dictionaries in a specific yellow color, since the 1980s it also markets other

Oktoberfest special: Störtebeker, what’s in a beer name?
  • Sterne Kessler Goldstein & Fox
  • Germany
  • October 31 2014

We brand geeks at MarkIt to Market occasionally like to explore the history of interesting trademarks. A recent visit to Germany inspired a look into

Got up again!
  • Dehns
  • European Union, Germany
  • July 15 2014

In March 2013 I reported ('Get Up and Go') that Apple Inc. had managed to register in the USA designs as trademarks in relation to their retail

FCO takes actions against ban on platform sales
  • DLA Piper LLP
  • Germany
  • November 21 2014

Online marketplaces are Internet platforms that are not operated by a dealer itself, but merely provide the hosting performance for dealers

English Court rules on applicable law of world-wide co-existence agreement for Merck trade mark
  • Bird & Bird
  • Germany, United Kingdom, USA
  • November 21 2014

The English High Court today handed down judgment as to which law governs an Agreement between Merck KGaA, Darmstadt, Germany ("KGaA") and Merck