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ARTICLE · 31 MARCH 1998

Trademarks I

Freshfields Bruckhaus Deringer
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GermanyMedia, Telecoms, IT, Entertainment

I. Introduction to German Trademark Law

On January 1, 1995 the new Trademark Act (Markengesetz - "MarkenG") came into force which reformed the trademark law in Germany as a whole. The MarkenG now not only regulates the protection of trademarks but also of trade designations (Section 5 MarkenG). Trade designations are company symbols (i.e. signs used in the course of business as the name, company name or special designation of an undertaking) and titles of works (i.e. names or special designations of printed publications, cinematographic works, acoustical works, plays, or other comparable works). Trade designations enjoy (almost) the same rights as trademarks. Finally, the MarkenG also regulates the protection for appellations of geographical origin (Sections 126 et seq. MarkenG).

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