Germany decide the sign “Trademarker” is not registrable / OHIM has registered “Trademarkers”

Germany decide the sign "Trademarker" is not registrable / OHIM has registered  "Trademarkers"

German Federal Patent Court refused to register the mark”Trademarker” for :

 

  • Class 16: Printed matter, pamphlets, periodicals newspapers, books, brochures, magazines;
  • Class 35: Services of an accountant, services of an auditor
  • Class 42 (according to current classification Class 45): Legal advice and representation, representation of a third party in court and in extrajudicial litigation, services in process-related matters, services of a jurist, services of a lawyer.

Lack of distinctiveness, the relation that can be done by the relevant audience with the English term ‘Trademark’ are some of the arguments of the Court to consider the mark as not registrable.

After that decision, the registration of such mark seems impossible……

Yes but after one check in the database of OHIM – everybody can see that there is a registered CTM – trademarkers with date of registration – 12/10/2010 for class35, class 38 and class 45.

It is strange how according to OHIM “trademarkers” is registrable sign and according to German Court it is not.

And here comes the question : Is it justified the German decision to refuse this registration?

 

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