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Aug 17, 2016
Dr. Mark Schweizer, Meyerlustenberger Lachenal, Switzerland
First published on http://ipkitten.blogspot.de

Federal Court of Justice greenlights colour mark red


Dr. Mark Schweizer, Meyerlustenberger Lachenal, Switzerland, First published on http://ipkitten.blogspot.deIn the ongoing dispute between the Sparkassen Group and Banco Santander, which led to the CJEU's decision in cases C 217/13 and C 218/13, the German Federal Court of Justice (BGH) has annulled the decision of the Federal Patent Court which invalidated Sparkassen's contourless colour mark "red" and held that the mark had acquired distinctiveness at the time of the Federal Patent Court's decision in 2015. Sparkassen Group has been using the colour red in connection with financial services, namely retail banking, in Germany since  read more