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If the court comes to the conclusion, that the file is admited, it then dcides about the claim itself. The justification mainly is laid down in 4, 5 MarkenG. But one has to consider case law as well, since there have been many federal court decisions on trademarks.

Therefore trademark proceedings will consider particularly as follows:

  • degree of similarity of trademarks (spelling, sound, colour)
  • absolut obstacle such as use of generic term
  • power of label or trademark (the wittier the better)
  • degree of recognition (fame of trademark)
  • degree of confusionability (similar pronunciation e.g.)
  • priority (first come first)

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