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The multimedia phenomenon reaches German trademark law: alterations in German trademark law

Date: 16 January 2019

The Trademarks Modernisation Act (MaMoG) is currently undergoing the legislative process and is due to enter into force in January 2019. It concerns a comprehensive amendment to the German Trademark Act (MarkenG) and also serves to transpose the EU Trademark Directive 2015/2436 of 16 December 2015 (MRL). The acceptance of new brand forms due to the elimination of the preconditions for graphic representability of a brand is paving the way into the multimedia age and leading to the registrability of the following brand forms:

 

  • Sound brands
  • Movement brands
  • Hologram brands
  • Multimedia brands
  • as well as other brand forms

 

The condition is that the trademark is unequivocal, precise and clearly identifiable, and presented in a suitable legally compliant electronic format. The permissible formats for the trademark submission are published on the homepage of the DPMA. Non-graphically depictable brands shall receive a corresponding link and a QR code on documents (resolutions, certificates and other attestations).

 

NOTE: The World Intellectual Property Organisation (WIPO) still requires the trademark to be reproduced in the form of a two-dimensional graphical representation, so it is not yet known when an international extension of these new brand forms will be possible.

 

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