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)
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:
a service provided by:
For any comments please send an e-mail .