Germany: Trademark

Trademark filings made in bad faith, known as Bösgläubigkeit in German law, pose an increasing threat to businesses worldwide. Understanding how bad faith applications work and the legal mechanisms available to challenge them is essential for protecting brand integrity and market position.

In a major decision dated December 19, 2025 (R 2248/2019-G), the Grand Board of Appeal of the EUIPO ruled that the word mark “GEORGE ORWELL” cannot be registered as an EU trade mark (EUTM) for goods and services such as books, films, recorded media, and entertainment, cultural, and educational services. The decision provides important clarification on the registrability of famous persons’ names in cases where such names may be perceived by the relevant public as describing the content or subject matter of the goods and services concerned, rather than their commercial origin.

Holger Gensmantel, Head of Trademarks, shares how Questel supports the brand defense strategy at Carl Zeiss AG, and the benefits of integrating online brand protection with advanced trademark search tools.

In a very rare case where the CJEU had accepted an appeal in a trademark matter, it recently set aside a decision issued by the GC (Neoperl - C-93/23P) and referred...

The General Court has recently handed down a judgment in favour of Rain Carbon Germany, a raw material producer, overturning an EUIPO Board of Appeal decision which failed to give sufficient consideration.

Omissions and mistakes in the German translation of a patent application filed in a foreign language can be corrected anytime and do not lead to a loss of the filing date.

Louis Vuitton Malletier, commonly known as Louis Vuitton (LV) is a French high-end luxury fashion house. The company was founded in 1854 by Louis Vuitton and is particularly known for its famous bags.

It is quite common in the fashion and beauty industry to use the first name and surname of the owner as a company brand name.

From the German perspective, the rules on evidence before the UPC provide for an interesting mix of known principles and new regulations.