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Why “Appotheke” didn’t become a trademark – and what that means for your choice of name
Expert article on trademark law
Why “Appotheke” didn’t become a trademark – and what that means for your choice of name
Choosing the right brand name is a strategic decision – but many good ideas fail because of one key criterion: legal protectability.
An older but illustrative example is the case “pharmacy”:
The registration of this term as a trademark was filed by Federal Patent Court rejected (Decision of 09.02.2015, 27 W (pat) 73/14). Reason: The term too common for advertising and not distinctive – so rather a descriptive word combination (App + Pharmacy) as a reference to a specific company.
What does this mean for founders and brand managers?
Names that are purely descriptive or use common advertising language regularly reach the limits of trademark protection. A successful brand needs Character, originality and fantasy.
Our conclusion:
The decision may be ten years old, but it remains relevant. It demonstrates how important it is to proceed not only creatively but also legally soundly when developing a brand.
Would you like to know whether your desired name is legally viable under trademark law? Feel free to contact us – we'll check it out for you.
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