The registered words "Toffee to go" missing in relation to the goods in Class 30 any distinctive character (§ 8 Abs. 2 No.. 1 Trademark), so that the brand has the authority to sign legal reset reported (§ 37 Abs. 1 Trademark).
FEDERAL PATENT COURT 25 In (pat) 531/12- Toffee to go
DECISION
In another case
…
concerning the trade mark registration 30 2011 028 352.8
has 25. Senate (Brand appeal Senate) the Federal Patent Court 13. November 2012 , composed of Presiding Judge Knoll, Judges Grote Bittner and the judge Metternich
– 2 –
decided:
The complaint of the applicant is rejected.
Reasons
I.
Remember as a word mark is the word sequence
Toffee to go
apply to the following goods in Class 30:
Cocoa, Sugar, Honey and foods containing these substances, pastry and confectionery; Cocoa products, Chocolate and chocolate products, Confectionery, Cake, Sugar confectionery, Bon-bons, Chewy candy and gum, not for medical purposes, Geleefrüchte, Confectionery; the aforesaid goods with sugar or sweeteners or sugar-free-their.
The brand site for class 30 the German Patent- and Trademark Office has this under the number 30 2011 028 352.8 Guided by a registration officer by order of the higher service 4. January 2012 with full reference to the notice of complaint 21. September 2011 rejected-sen. Further