„KÖLNER DOM“ not registrable as a trademark

The sign „Kölner Dom“ cannot be protected as a trademark and must remain free for the general public.

The High Cathedral Church of Cologne had applied for registration of the sign “KÖLNER DOM” for various goods and services with the German Patent and Trade Mark Office (DPMA). The DPMA rejected the application due to a lack of distinctiveness. This decision was confirmed by both the Federal Patent Court and the Federal Court of Justice (BGH, Beschl. v. 12.10.2023 – I ZB 28/23) and is meanwhile legally binding.

With regard to the word sign “KÖLNER DOM” all instances took the view that this designation had no distinctive character for the goods and services in question. The term is understood either as a purely content-related indication, as purely decorative or merely as a motif-like reference to the well-known sight.

The decision confirms the line that it is very difficult to protect the names of well-known buildings as a trademark in Germany. As a building becomes better known, the chances of registering the name dwindle. In the past, the DPMA has already refused to register the following signs:

– “Palais am Brandenburger Tor”
– “World Trade Center”
– “Berliner Schloss”

The European Trade Mark Office, on the other hand, appears to take a less strict approach in this context. For example, the office has granted protection to the “World Trade Center” sign. The registration of well-known names of buildings is therefore more likely to be successful there.