Revocation Of A Trade Mark After Development Into A Customary Designation

With a decision of 05.04.2011, the Hamburg Regional Court ruled that the trade mark "Migration Factory" had become a customary designation of goods or services, with the consequence that it should be declared revoked, Art 51 (1 b) Community Trade Mark Regulation (CTMR). The decision is set out for example in GRUR-RR 2011, p. 270 et seq.

The claimant in this case was the owner of the community trade mark "Migration Factory", registered on 28.01.2003, for Software goods under Class 9, and in particular for Data processing services for others under Class 35, Training in the field of data processing under Class 41 and the Database services, including via networks, including the Internet; creating, maintenance and adaptation of software under Class 42.