Federal Patent Court decides: 'Hauptstadtgöre' trademark not eligible for protection in the bags, clothing and advertising sectors

The trademark “Hauptstadtgöre” is not eligible for protection in the area of bags, clothing and advertising, according to the Federal Patent Court in its decision of December 18, 2024 (case no. 29 W (pat) 33/22). 

The court justified its decision as follows: 

"The sign as a whole is composed of two nouns, as is customary in linguistic practice. It does not exhibit any unusual structure or other peculiarities of a syntactical or semantic nature that could detract from a purely factual meaning. […] On clothing, footwear, and headgear, as well as parts and accessories thereof, in Class 25, the public will understand the sign merely as a striking indication that the wearer sees herself as a young, cheeky, naughty, nonconformist woman from the capital, i.e., from Berlin. […] The advertising and marketing services in Class 35 can all be provided by a young, cheeky, naughty, nonconformist woman from the capital. Especially in the above-mentioned areas, customers expect, in addition to standard products, solutions, campaign proposals, or measures that are nonconformist, creative, cheeky, new, or surprising. A negative connotation is not attributed to the registered mark. At most, the component "böre" (girl) is interpreted as a—particularly ironic—reference to corresponding characteristics or traits of the provider. but not understood as negative or unusual.”