German Federal Patent Court: Unitary character of the EU trademark: Yes, but… – OXFORD CLUB

A recent decision of the Federal Patent Court in Germany (Decision of 1 March 2016 on Case 29 W (pat) 33/13) shows that the unitary character of an EU trademark (EUTM) does not necessarily mean that it enjoys the same level of protection in all EU member states. In opposition proceedings in Germany, the Federal Patent Court held that an earlier EUTM registered on the basis of acquired distinctiveness could well enjoy only a low degree of distinctiveness in Germany where the two marks were colliding. For more details see my blogpost on the Kluwer Trademark Blog here.