The “Hohenloher Landschwein” is not just a designation of origin, it can also be used as a brand. This decision of the BGH could have far-reaching significance for many collective brands.
Regional designations of origin for food can be protected under German trademark law. The Federal Court of Justice (BGH) in Karlsruhe decided on the example of the “Hohenloher Landschwein” and the “Hohenloher Weiderinds”.
On Thursday, the first civil senate rejected appeals, including a butcher’s shop, against a judgment by the Stuttgart Higher Regional Court, thereby agreeing with the Schwäbisch Hall farmers’ producer group. (Ref .: including I ZR 163/19)
They registered the designations as so-called collective brands and forbade the butcher’s shop to use the terms because they did not comply with the producers’ guidelines. This involves specifications, for example, on keeping, feeding, transport and slaughter. The producer group demanded injunctive relief and compensation. According to their lawyer Ulrich Hildebrandt, the BGH decision is important for thousands of so-called collective brands.
The background to the conflict are different requirements in the EU and in Germany. According to the German trademark law, goods can be protected as collective trademarks, which can be distinguished from products of other companies, for example because of their geographical origin. European law, on the other hand, knows so-called protected geographical indications (PGI) with their own criteria.
The lawyer of the defendant Landmetzgerei Setzer GmbH, Benjamin Stillner, had argued that an association could not circumvent the harmonization sought by the European legislator and register a collective mark under German law if it does not obtain an entry as a PGI. “Anyone who does not meet the requirements for registration as a European indication may not obtain a” protection light “at national level through the back door,” Stillner had stated before the BGH decision.
The BGH could also have submitted an inquiry to the European Court of Justice on the subject. Why the judges decided differently remained open on Thursday. A detailed version of the resolution will not be published until later.
Jane Stock is a technology author, who has written for 24 Hours World. She writes about the latest in technology news and trends, and is always on the lookout for new and innovative ways to improve his audience’s experience.
