The fairy tale
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Frog King.
The fairy tale
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Frog King.
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Most people will be familiar with the Frog Prince from Grimm’s fairy tales as an enchanted prince waiting to be redeemed from the princess’s kiss. Can such a fairytale character also be registered as a trademark? The Federal Patent Court has now answered this question.
Fairytale trademark
In 2007, the word mark “Froschkönig” was applied for and registered for jewelry and watches in class 14.
An application for cancellation was filed against this. The grounds for this were that the trademark designates a famous fairytale character and is suitable for describing the goods protected by the trademark. There are a large number of products in Class 14 that depict a frog king and would therefore also be described as such.
As a result, the trademark was canceled by the German Patent and Trademark Office, as the name was in need of protection.
Entscheidung des Gerichts
The BPatG (Decision of 16.06.2010 – Ref. 28 W (pat) 123/09 ) dismissed the appeal against the cancellation request and thus confirmed the cancellation of the trademark.
The Munich patent judges explained that the generally known fairy tale figure “Frog King” is a term that needs to be kept free for the goods in question. Figures from myths and fairy tales are popular motifs in the jewelry and watch sector, which is why they are also suitable for describing these products with corresponding motifs. In particular, the figure of the Frog King, which for the domestic public is virtually symbolic of the hope that a person who at first glance appears rather strange will ultimately prove to be the embodiment of one’s own dreams, is also very popular in the relevant goods sector as a “motif of longing” and is accordingly often used for the figurative design of products in the jewelry and watch sector.
Conclusion
Well-known figures from myths and fairy tales are often used to identify products. Protection under trademark law is not generally denied to these designations. However, if they are frequently used for the goods and services in question, e.g. through corresponding motifs, protection is ruled out in the opinion of the Federal Patent Judges, as it must then also be possible for competitors to use them.
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