Company identification
According to Section 5, Paragraph 2, Clause 1 of the Trademark Act , company identifiers are symbols that are used in commercial transactions as a name ( Section 12 BGB ), company ( Section 17 HGB ) or a special designation of a business or a company.
Insofar as such signs are distinctive in nature, i.e. the relevant public can assign the signs to a company, protection exists from the time the sign is used. If a sign lacks distinctive character , protection can nonetheless arise if the sign has achieved market recognition, i.e. the public involved assign the sign to a specific company.
In contrast to a trademark , a company name cannot be registered as such. Furthermore, the protection extends to the area in which the mark is known.
Examples of company symbols are: Metzgerei Schmidt , Meisterbrand , Rheinchemie , Hotel Stern (establishment name)
Individual evidence
- ↑ BGHZ 21, 89 - Spiegel
