BOEHMERT & BOEHMERT partner and lawyer Dr Rudolf Böckenholt comments on the “Real Chips” decision by the Federal Supreme Court from 22 January 2014 in the legal journal GRUR-Prax 06/2014 (p. 126). The contested point here was when and how the risk of first infringement can be eliminated by trade mark registration in Germany. The decision confirms recent case law and is a clear reminder to those registering trade marks that inactivity is insufficient to eliminate the risk of first infringement and that, instead, a clear act is necessary. In the case at hand, the Court discussed the law with respect to Community marks. Dr Böckenholt is specialist lawyer for industrial property rights and has been a regular contributor to GRUR-Prax since 2009. Subscribers can access the entire article here.
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