The Federal Patent Court (BPatG) has confirmed the cancellation of the following trade mark ordered by the German Patent and Trade Mark Office (DPMA):
The trade mark is the former national coat of arms of the GDR with the surrounding lettering "FÜR DEN SCHUTZ DER ARBEITER UND BAUERN MACHT". The trade mark was registered for various goods and services, including various items of clothing and beverages.
The Federal Patent Court stated that the registration of the trade mark was precluded by the ground for refusal under Sec. 8 (2) No. 5, second alternative, Trade Mark Law (Markengesetz), because the trade mark was contrary to morality. According to § 8 para. 2 no. 5 2nd alternative MarkenG, trade marks are excluded from registration if they are contrary to morality. In the days of the former GDR, the trade mark was a special symbol of the state which was used to decorate soldiers and other officials of the protective and security organs of the former GDR, e.g. on orders and medals of merit. A very substantial part of the target public would disapprove of the use of a symbol of the former GDR security organs as a trade mark, in particular because of their conduct at the inner-German border and at demonstrations by opponents of the regime, for fundamental political and moral considerations and would perceive it as pure, politically intolerable sarcasm towards the persons particularly affected by the conduct of the security forces, such as victims of the Wall, political persecutees and their relatives.
The BPatG therefore took the view that the trade mark was contrary to morality and had to be cancelled ex officio.
Order of the BPatG of 17.08.1008, file number: 26 W (pat) 69/05
Source: Press release of the Federal Patent Court, Press and Public Relations Division;
Goldberg Rechtsanwälte 2008 - Wuppertal, Solingen
Attorney at Law Michael Ullrich, LL.M. (Information Law)
E-mail: m.ullrich@goldberg.de