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Jul 21, 2009
Michaela Huth-Dierig, Boehmert & Boehmert, Germany

Germany: Amendment of German Trademark Act


Michaela Huth-Dierig, Boehmert & Boehmert, GermanyIn order to improve the legal opportunities of the proprietors of protected designations in Germany, the German Trademark Act was amended on May 28, 2009. The amendments will become effective within the next few months. In particular, the owners of older nonregistered trademarks, company names or work titles are now legally entitled to base oppositions against younger trademarks on these rights. Before the amendment, oppositions against younger trademarks could be based only on registered older Community Trade Marks, German trademarks or German designations of international trademarks. Further, the amendment provides for a direct appeal to the German Federal Patent Court in cases where a trademark application is rejected by the German Patent and Trademark Office based on absolute or relative grounds for nonprotection. Previously, some decisions of refusal by the German Patent and Trademark Office were subject only to a provisional appeal before a senior examiner at the Patent and Trademark Office before an appeal to the Federal Patent Court was admissible.