Risk Of Losing Trademark Rights When Changing Typeface

In a late 2014 decision the Federal Administrative Court provided further guidance on how the design of a trademark can be altered without losing the rights attached to it. The decision shows that it may be advisable not to change the letter type or font of the mark in a significant way if the mark was registered in a certain typeface.

Facts

Clothing company Peek & Cloppenburg initiated opposition proceedings against registration of the word mark PD&C in Class 25 on the basis of its own prior international word and figurative mark P&C. The defendant claimed non-use of the prior mark. Peek & Cloppenburg in turn submitted evidence to prove use of its trademark. However, the defendant claimed that the opposing trademark had not been used in a manner that preserved the rights attached to it.