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Who has standing in a situation like this? | 360 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Who has standing in a situation like this?
Authored by: mschmitz on Monday, May 13 2013 @ 10:06 PM EDT
I have no idea what the rules on standing are in that case, but there are free
software organizations within Germany that should be able to show sufficient
standing.

http://www.ffii.org/ for one - they have a link to the 2011 EU hackathon right
on the front page.

I don't know anyone on the board there personally - will try to find out who
would be best to contact OOB.

-- mschmitz

[ Reply to This | Parent | # ]

Who has standing in a situation like this?
Authored by: Anonymous on Tuesday, May 14 2013 @ 05:12 AM EDT
Clear answer: it depends. You can try to cancel the trademark due to older
rights (e.g. older trademarks, business names), non-use (out of the question
here, as the trademark is newly registered) or due to "absolute
hindrances", e.g., the word of the trademark being descriptive for the
goods and services protected. The mere existence or use of a word before the
trademark application was filed is NOT grounds for cancellation. Whether a
copyright for the word Hackathon may be claimed and used to cancel or transfer
the mark is highly questionable, but may be worth looking into.

The request for cancellation due to absolute hindrances can be filed at the
German Patent and Trademark Office by EVERYONE - if you don't live or have a
seat in Germany, you'll need a German respresentative (lawyer or patent attorney
- take the latter, if possible. Otherwise, you don't need a lawyer/pa (take one
anyway, trademark law is complicated and dirty). With such a request you
actually claim that the GPTO didn't do its job - they are required to check for
absolute hindrances before registering the trademark. As a quick shot from the
hip, it appears not too likely that this approach would be successful for the
trademark in question.

Otherwise, you may go to a civil court (you'll need a lawyer per default. Look
for a FACHANWALT FÜR GEWERBLICHEN RECHTSCHUTZ (specialist in ip law)). You'll
have standing if you have older rights or can show you have a justifiable
interest in the case of non-use.

Just for completeness it should be mentioned that filing an opposition during
registration requires an older right.

[ Reply to This | Parent | # ]

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