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Just like any other proceeding before a German Court certain prerequisites have to be fulfilled, in order to require admission.

Those prerequisites are e.g.:

  • local jurisdiction
  • original jurisdiction
  • other prerequisites

    local jurisdiction means, that a person generally has to be sued in the juridical district of his domicile. But other courts of jurisdictions are laid down in the Civil Court Order (ZPO) also. If trademark infringements are the matter of the proceeding, 32 ZPO gives the opportunity to bring this to court in any place, where the infringement takes place. Especially trademark issues concerning or related to the internet allow jursidiction at any place, where the website in dispute can be viewed. This might be very effective for the trademark-owner, because he can get a provisional order (only within 4 weeks) much easier at his residence.

    According to the MarkenG all trademark proceedings have to be brought to district court regardless of the amount in dispute. Some federal states may have taken the oppurtunity to determine one court as central trademark court. In this case, all trademark issues of a federal jurisdiction have to be filed there.

    Finally the other, general prerequisites of admission have to be fulfilled. These are especially party-ability (given, if natural or juristic person sues), ability and entitlement to take legal actions (18 years of age/ owner of claim) or ability to postulate (at district courts only lawyers can bring files to bar) e.g.. Only if these prerequisites are fulfilled the court will decide the case.

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