KPW

Magazine.

All about trademarks

Digital and AI

Advertising and competition

Creativity and design

Archive

Trademark Opposition Fails Due to Missing Signature

The Federal Patent Court confirms: A trademark opposition without a handwritten signature is inadmissible, even if the fee was paid on time.
Risk of Recurrence Following a Merger

According to the Federal Court of Justice (BGH), following a merger, the acquiring company is not automatically liable for the risk of recurrence associated with its defunct predecessor.
Does the EmpCo directive apply to the B2B sector?

Do the requirements of the EmpCo Directive also apply to companies that do not sell to consumers at all, but operate exclusively in the B2B sector?
Proof of Use of a Trademark

The EUIPO Board of Appeal reverses a rejection: Proof of use of the VERVE trademark is partially accepted, even with evidence submitted after the fact.
Imports from Third Countries as Infringement

The Frankenthal Regional Court ruled that imports from third countries can cause an infringement of trademark rights even if they result from a private order, if the quantity and purpose indicate otherwise.
No trademark for *Animal Farm* and *1984*

The Grand Board of Appeal of the EUIPO ruled that a book title cannot be registered as a trademark if it merely describes the content—as was the case with *Animal Farm* and *1984*.
Assignment of the Right to Access Under the GDPR

The Federal Court of Justice ruled that the right to access information under data protection law is not automatically transferred along with assigned claims.
Apple ATTF: Data Protection for Its Own Benefit

The Federal Cartel Office has declared Apple’s commitments regarding the App Tracking Transparency Framework to be binding. Here’s what that means for competition and app providers.
Scope of the “Swiss” Collective Mark

The EUIPO determines the extent of protection afforded to the collective mark “Swiss” despite its complete incorporation into “NIVADA swiss,” and outlines its limitations.
Saudi Arabia Joins the Madrid System

Saudi Arabia is joining the Madrid System. As of October 8, 2026, it will be a designated country in international trademark applications filed with WIPO.
No Protection for the Team Beverage Trademark

The Federal Patent Court has almost universally denied that TEAM BEVERAGE has distinctiveness, even though an identical word mark has already been registered.
New rules for trademarks in Jersey

Effective August 1, 2026, Jersey will be a separate designation under WIPO’s Madrid System, with its own fee. Here’s what companies need to know now.
Recommendation Systems and Reporting Procedures non-transparent

The Bamberg Higher Regional Court rules against an online marketplace: Reporting procedures and recommendation systems must be more transparent under the Digital Services Act.
Stripe patterns are not a trademark

The Federal Patent Court has ruled that two striped patterns in yellow and silver-gray lack distinctiveness as trademarks for protective gear and textiles.
Companies Are Liable for Customer Reviews

The Hamburg Higher Regional Court has banned advertising for a veterinary drug that features unattributed quotes from veterinarians. What this means for customer reviews in advertising.
GEMA also Wins Against Suno

The Munich I Regional Court has ruled against the AI music generator Suno for copyright infringement. This marks GEMA’s second victory against an AI provider in just a few months.
Stricter Requirements for Doctor Seals

The Federal Court of Justice (BGH) has overturned the ruling on the FOCUS medical seals and is imposing strict requirements on certification logos. What this means for seals in other industries.
Miele puts retailers Through the Wringer

Miele is sending cease and desist letters to Amazon sellers over product images and trademark infringements. Why this approach is questionable and what sellers should know.