Well-known brands
Article 6 bis of the Paris Convention for the Protection of Industrial Property of 1883 prohibits the use of trademarks (or regulates their cancellation on request) if there is a likelihood of confusion with a trademark in another association country (in the opinion of the authority). Such brands are considered well-known brands .
In Germany, for example, Linux is such a trademark whose entry in the trademark register without authorization from the owner according to § 10 MarkenG is excluded.
An objection to the registration of the contested mark can only be based on a well-known trademark with an older seniority according to Section 10 if the requirements of Section 9 (1) No. 1 or 2 are met (Section 42 (2) No. 2 MarkenG) . Regardless of the question of whether the opposition mark is actually a well-known mark, an objection can only be successful if - apart from the case of the goods and brand identity of Section 9 (1) No. 1 - there is at least a risk of confusion within the meaning of Section 9 Para. 1 No. 2 MarkenG exists.
See also
Individual evidence
- ↑ Federal Patent Court, decision of December 20, 2000, Az .: 28 W (pat) 222/00 . Admody Lawyers Public Company. Retrieved July 1, 2017.
