Kornspitz
Kornspitz was up to the Supreme Court ruling in 2015 a registered trademark of the Austrian company Backaldrin for one from a specific baking mix produced wheat small pastry . The baking mix consists of wheat flour and meal , rye meal, wheat bran , soy meal, wheat and malt meal, rye flour, yeast , salt , baking agent and spices , including caraway . Due to the meal and bran, the dough has a fiber content of over 7%; The spindle-shaped grain tip, which weighs around 70 grams, is not wholemeal . The “Kornspitz” brand continues to apply to baking mixes and dough pieces .
The Kornspitz recipe was developed in 1984. According to the manufacturer, Kornspitz is now the most successful branded pastry in Europe and is eaten around 4.5 million times a day in 68 countries. The Kornspitz baking mix is not sold to end customers, but only processed by bakeries.
Litigation
In autumn 2011 the Austrian Patent Office decided that the name Kornspitz was a generic name and that trademark protection would no longer be possible in the future. Backaldrin The Kornspitz Company appealed the non-legally binding decision of the patent office to the Supreme Patent and Trademark Senate , which forwarded the case to the European Court of Justice . In a judgment (Case C ‑ 409/12) of March 6, 2014, the ECJ stated that a brand name can expire if consumers are no longer aware that it is a brand and the term in everyday language passed, however, referred the proceedings back to the Austrian courts.
In January 2015, the Higher Regional Court of Vienna ruled that Kornspitz was no longer a brand name, but a generic term that consumers used to designate a type of pastry . Backaldrin announced that it would appeal to the Supreme Court .
At the beginning of September, the OGH made a final decision: Kornspitz has become a generic term for baked goods and is therefore no longer valid for baked goods under trademark law, but only for the baking mix and dough pieces. Although these are the main source of income for the backaldrin company, it still describes the judgment as "unpleasant".
Web links
- official website of the company backaldrin zu Kornspitz , as of January 21, 2015
Individual evidence
- ↑ The Kornspitz . Kornspitz. Archived from the original on March 1, 2014. Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved December 15, 2012.
- ↑ Kornspitz in USA and Africa . Upper Austria news. Retrieved February 9, 2011.
- ^ Struggle for the name Kornspitz. ooe.ORF.at, December 14, 2011, accessed December 15, 2011 .
- ↑ Dispute about "Kornspitz" before the EU court , article on ORF .at from September 12, 2013
- ↑ derStandard.at - "Kornspitz" brand is about to expire . Article dated March 6, 2014, accessed March 7, 2014.
- ^ ECJ judgment - Case C ‑ 409/12 - Backaldrin Austria The Kornspitz Company GmbH v Pfahnl Backmittel GmbH . Judgment of the European Court of Justice of March 6, 2014, accessed on March 7, 2014.
- ↑ diePresse.com - Higher Regional Court Vienna: "Kornspitz" is not a brand name . Article from January 21, 2015, accessed on January 21, 2015.
- ↑ orf.at - "Kornspitz" is not a brand . Article from January 21, 2015, accessed on January 21, 2015.
- ↑ http://ooe.orf.at/news/stories/2730667/ Final end for the Kornspitz brand, September 9, 2015, accessed September 9, 2015.
