That inactivity can cost trademark protection is shown by the latest example of the German trademark Flip-Flop. The supplier of the light and airy footwear has now had to pay for its inaction in defending its own trademark protection rights by losing them. The Zweibrücken Higher Regional Court has ruled that the word mark, which has been registered in the trademark register since 1997, is subject to cancellation (Decision dated 02.03.2022 – 4 U 63/21). The designation “flip-flop” does not convey any indication of origin with regard to a specific company, but rather designates a type of footwear per se in linguistic usage.
In his guest article in Markenartikel 3/23, Fabio Adinolfi, attorney at law at BOEHMERT & BOEHMERT, analyzes the factors that led to the cancellation of the registered word mark, describes how this could have been prevented, and provides tips for trademark owners who could face a similar fate.
Read more in the print edition of the German magazine Markenartikel 3/23, which can be ordered here.