contact
Your law firm Bartel Legal.
address
-
Kampenwandstrasse 90
83229 Aschau - +49 8052 6779973
- u.bartel@bartel.legal
Opening hours
Mon – Fri 08:30 – 18:00
No luck for “Papaglück”: The name of a tea promises a “high for fathers” and does not meet the protection criteria.
According to the Federal Patent Court (BPatG), trademarks that are purely descriptive or closely related to the described characteristics of the goods or services are not eligible for protection. This also applies to the name "Papaglück" for tea. The BPatG interprets it as a purely promotional claim, suggesting that the tea is intended for fathers and evokes feelings of elation in them. The lexical registration of the name is irrelevant; since it is commonly used in advertising, it cannot be protected as a trademark.
Mon – Fri 08:30 – 18:00