Trademark Law
| Basic data | |
|---|---|
| Title: | Trademark Law |
| Abbreviation: | WZG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Commercial legal protection , trademark law |
| References : | 423-1 a. F. |
| Original version from: | May 5, 1936 ( RGBl. II p. 134) |
| Entry into force on: | October 1, 1936 |
| New announcement from: | January 2, 1968 ( Federal Law Gazette I p. 1, 29 ) |
| Last change by: |
Art. 14 G of September 2, 1994 ( Federal Law Gazette I pp. 2278, 2293 ) |
| Effective date of the last change: |
September 9, 1994 (Art. 22 G of September 2, 1994) |
| Expiry: | January 1, 1995 (Art. 48 No. 1 G of October 25, 1994, Federal Law Gazette I p. 3082, 3124 ) |
| Please note the note on the applicable legal version. | |
The German Trademark Act (WZG) of May 5, 1936 (RGBl. II p. 134) replaced the Trademark Act of 1894. It did not result in any fundamental change in the trademark law that had previously been in force.
First the Trademark Law Reform Act , long title: Law for the Reform of Trademark Law and for the Implementation of the First Council Directive 89/104 / EEC of December 21, 1988 for the harmonization of the laws of the member states on trademarks (Trademark Law Reform Act) , of October 25, 1994 ( BGBl. I p. 3082 ) brought about a change in trademark law with the new trademark law , which replaced the trademark law on January 1, 1995. The term “trademark” was incorporated into the new term “ brand ”.
content
The trademark obtained legal protection through its entry in the roll of characters kept by the German Patent Office . Certain characters were excluded from registration (Section 4 WZG). The patent office decided on the registrability. An injunction according to §§ 24ff. WZG are charged. Anyone who acted culpably was liable for damages; anyone who intentionally infringed a trademark was liable to prosecution.
literature
- Diethelm Klippel: protection of the name. In: Friedrich L. Ekey; Diethelm Klippel (Ed.): Heidelberg Commentary on Trademark Law. MarkenG, GMV and trademark law of selected foreign countries. Müller, Heidelberg 2003, E1 Rn. 20 f., P. 265 ff., ISBN 3-8114-0804-6
