In the 04/2012 edition of GRUR-Prax from 17th February, BOEHMERT & BOEHMERT partner and attorney Dr Rudolf Böckenholt has provided a comment on the decision made by the Federal Court of Justice on 17th August 2011 regarding the “akustilon” case. This high-court decision states that in trade mark cancellation proceedings at the German Patent and Trade Mark Office, it is not a deciding factor whether or not the registered owner is actually also the owner of the trade mark, or whether this still even exists. This is to be assumed in the official procedure, and examined only in any potential action for trade mark cancellation before the ordinary courts (state courts). This question has previously not had a uniform answer in the case law or the literature of industrial property law. The first civil senate of the Federal Court of Justice responsible for trade mark law now draws on general procedural case law. Since 2009, Dr Böckenholt has been a regular contributor to GRUR-Prax. The article can be viewed by subscribers at.
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