商標登録insideNews: Notice of 7 September 2021 | DPMA

Notice of 7 September 2021 – concerning the Second Act to Simplify and Modernise Patent Law (Zweites Gesetz zur Vereinfachung und Modernisierung des Patentrechts) of 10 August 2021 and the Act on Further Duties of the German Patent and Trade Mark Office and to Revise the Patent Costs Act (Gesetz über weitere Aufgaben des Deutschen Patent- und Markenamts und zur Änderung des Patentkostengesetzes) of 30 August 2021 – Contents of the notice

情報源: DPMA | Notice of 7 September 2021

ドイツ特許商標庁(DPMA)、特許法等公布に併せ今後の業務の変更点などを公表 – JETRO デュッセルドルフ事務所

4. Trade mark procedures
a) Harmonisation with the current legal situation of the Madrid system (entry into force: 1 May 2022)
The Trade Mark Act, the Trade Mark Ordinance (Markenverordnung) and the schedule of fees are brought into line with the current legal situation of the Madrid system (sections 107 et seq. of the Trade Mark Act, section 25 No. 31, sections 43, 45 and 46 (1) of the Trade Mark Ordinance, Part A section III No. 5 of the annex to section 2 (1) of the Patent Costs Act). Since 31 October 2015, all members of the Madrid Agreement are also members of the Protocol to the Madrid Agreement. Due to the fact that the Protocol to the Madrid Agreement takes priority over the Madrid Agreement, the international registration of marks is now only governed by the Protocol to the Madrid Agreement. This is taken into account by the amendments.

b) Clarifying the calculation of the duration of protection in the Trade Mark Act (entry into force: 18 August 2021)
The provisions on the duration of protection in the Trade Mark Act and in the European Union Trade Mark Regulation will be completely harmonised as regards their wording. In order to facilitate the calculation of the time limit, it is clarified by means of the harmonisation that section 47 (1) of the Trade Mark Act – just as the European Union Trade Mark Regulation – refers to a time period that is triggered by an event. The calculation of the duration of protection will not be changed as a result of the amendment.

6. Fee provisions
e) Switching back from the "one-class model" to the "three-class model" for the conversion of a European Union trade mark into a national trade mark (entry into force: 1 May 2022)
For the conversion of a European Union trade mark into a national trade mark, what is known as the “three-class model” will be reintroduced into the fee system (part A, section III, No. 5 of the annex to section 2 (1) of the Patent Costs Act). Under the up to now applicable "one-class model", the conversion of European Union trade marks into national trade marks results in higher fees compared to a national trade mark application, for which the "three-class model" applies, although the examination effort is basically the same. This will be remedied by the amendment.

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商標登録insideNews: Germany Introduces A New Wine Hierarchy Based On Geography | Forbes

On January 27, 2021 the new German wine law came into force. It introduces a new kind of hierarchy for German wines based on its geographic origin. In a way it can be seen as a remodelling of the system that previously existed with the aim to improve the overall quality of German wine as well as to fit better with the EU system. The four primary geographic “levels” for a German quality wine (Qualitätswein) are now Area, Region, Village, and Vineyard.

情報源: Germany Introduces A New Wine Hierarchy Based On Geography

記事によるとQualitätswein、Landwein、Deutscher Wein – without geographic originの3つのレベルがあり、トップレベルのQualitätsweinは、Vineyard (Einzellage)、Village (Ortsweine)、Region、Area wine (Anbaugebiete)の4つのレベルがあります。Vineyardの中にさらにGewann, sub-plot, may be specified、Grosses Gewächs、Erstes Gewächs、Einzellageの4つのカテゴリがあり、Grosses Gewächsがgrand cruと同等とされています。

続きを読む“商標登録insideNews: Germany Introduces A New Wine Hierarchy Based On Geography | Forbes”

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商標登録insideNews: European Cooperation: Visual search for TMview extended to Germany | EUIPO

TMview’s visual search facility, which allows users to search for trade mark images in the world’s largest online trade mark database, continues to be extended with the addition of the German Patent and Trade Mark Office (DPMA).As of 30 November 2020, the DPMA has made its trade mark images available via the TMview visual search tool. Since 2017, when the first image search facility was implemented in TMview, different intellectual property offices have incorporated this capability into their search facilities.

情報源: EUIPO – European Cooperation: visual search for TMview extended to Germany

TMviewの図形サーチにドイツが加わっています。

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商標登録insideNews: Trademarks In Germany: Five Things You Need To Know – Germany | mondaq.com

It’s no secret that Germany is home to some of the world’s most valuable brands. Indeed, Mercedes Benz, BMW and SAP (just to name a few) are all ranked in the top 20 of Interbrands’ 2019 Best Global Brands list. Germany is also an important market for brand owners throughout the world.

情報源: Trademarks In Germany: Five Things You Need To Know – Intellectual Property – Germany

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商標登録insideNews: German court annuls Nespresso shape trademark | WIPR

The Bundespatentgericht, Germany’s Federal Patent Court, has annulled a 3D trademark owned by Swiss food company Nestlé. On Friday, December 8, the Bundespatentgericht announced that it had annulled a shape mark for the Nespresso coffee capsule covering coffee in mid-November. The Nespresso machine uses the coffee capsules. The Patent Court found that the essential characteristics of the trademark conformed with the drawings of the external features of German patent DE 27,52,733, covering a cartridge fo

情報源: German court annuls Nespresso shape trademark

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