tag:blogger.com,1999:blog-5574479.post6455374072378186480..comments2024-03-28T13:45:42.289+00:00Comments on The IPKat: BGH: misleading use of the symbol ® - the "Thermoroll" caseVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-5574479.post-72973935270823980952009-12-01T06:44:04.457+00:002009-12-01T06:44:04.457+00:00Yes, 'TM' is not for registered trade mark...Yes, 'TM' is not for registered trade mark, but for one acquired in a pure first-to-use system (whenever existing). Ausgestattete Rechte. This appears to be unfeasible for CTM.emsckynoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-85672448272409221242009-11-30T11:15:57.321+00:002009-11-30T11:15:57.321+00:00@Wolfgang: just reading the above case, the court ...@Wolfgang: just reading the above case, the court seems to have said: <br /><br />"that the use of a trade mark used together with the ® symbol suggested two things to the relevant consumers: firstly, the existence of a registered trade mark spelled exactly as used in the advertising and secondly, that the advertiser was authorised to use this mark in its advertisement, either as trade mark owner or licensee."<br /><br />That seems what they looked at and what they wanted to rule on. No mention of "TM". If you use the ® symbol you suggest the existence of a registered trade mark, if there isn't one, you are misleading.<br /><br />Is that of any help?BGH FANnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-51348485796025475402009-11-30T10:53:16.942+00:002009-11-30T10:53:16.942+00:00I wonder about one question.
The BGH states as f...I wonder about one question. <br /><br />The BGH states as follows:<br />A trader using a sign with the suffix ®, without being the holder or licensee of the trademark, regularly misleads the public in a manner relevant under the UWG. This may be different if the trader is the holder of a similar trademark and if his use can be qualified as genuine use.<br /><br />Does this also mean that a trader using the suffix ® - or 'TM' for that matter - without having been able to register the sign (for lack of distinctiveness), misleads the public?Wolfgang Sakulinnoreply@blogger.com