Lena Ertle is the latest addition to the LexDellmeier team. She is completing her legal clerkship at the Higher Regional Court of Munich and will support the team at LexDellmeier during 2021 as a legal trainee. Even though Covid-19 is still continuing to challenge everyone, we believe it is really important to help, support and train young professionals. In the past almost 12 years at LexDellmeier we have trained in total 25 Erasmus, ELSA and other law students from Germany, EU member states and other countries around the world. LexDellmeier usually engages two (2) interns and trainees per year. Let Lena Ertle introduce herself, her tasks as a legal trainee at LexDellmeier, her goals and her interest in intellectual property.

Weiterlesen über New at LexDellmeier - May we introduce to you: Lena Ertle

On 11 April 2014 the Higher Regional Court of Cologne overturned the first instance decision in the trademark battle between the two well-known candy manufactures Haribo (gummi bears) and Lindt (chocolate). The Regional Court Cologne came to the decision that there is likelihood of confusion between the “Lindt Chocolate Teddy” and the “Haribo Goldbär”(LG Köln on 18.12.2012; Decision 33 O 803/11). The Higher Regional Court instead decided totally different and has to come to the conclusion that the Haribo Goldbär is not infringed by the sale of the Lindt Chocolate Teddy (see: press release in German OLG Köln on 11.04.2014; Decision 6 U 230/12).

Modifications_German_Patent_Law_2014_April_1The German government last year decided to modify parts of its national patent law.

Therefore, as of April 1, 2014, the following most important modifications in German Patent Law have entered into force:

- The time period to submit translations of English or French patent applications filed has been extended to 12 months after the filing date or 15 months after the priority date. If the filer does not submit the translation in time, the application is deemed to be withdrawn.

Just recently, WIPO published statistics on trademark, design and patent filings in 2013. The growth of the filings per country is ranked, as well as the top technologies and largest files. Additionally, the annual statistics reflect industry Trends and also indicate future developments.

For a company it is of upmost importance to protect their intellectual property by filing patents, trademarks and designs. There are a lot of reasons why it is so important for every company to apply for and seek registration of their intellectual property rights. The most important one is that if the patents, trademarks or designs of a company are not protected properly, anybody can use their intellectual property and participate in their success.

WIPO Statistics


On Thursday, 13 March 2014, the 2nd INTA IP Paralegal Roundtable was hosted at the Munich Bar Association. The four-hour event - thanks to the organizing committee, speakers and sponsors - with approx. 70 attendees - was an overwhelming success.

2014 03 13_INTA_MUC_RT_Participant_View

The EGC (European General Court) decided that a yellow curved line cannot be registered as a position mark as it as it lacks distinctiveness (Decision T-331/12 dated 26 February 2014).


In order to decide if a mark lacks the necessary distinctiveness or not, various aspects need to be taken into account. First of all, the court has to analyze the specific goods and services of the applied for trademark, and furthermore it has to determine if intended brand is capable to enable the average consumers to identify the product’s origin.

OHIM’s Second Board of Appeal decided on 29 January 2014 that Parobook is to be registered because no liklihood of confusion to Facebook is given (Case R 254/2013-2).


In order to assess whether marks are confusingly similar or not, various factors need to be taken into account. On the one hand side, the specific goods and services of the applied for mark and the earlier sign need to be evaluated. On the other hand, OHIM has to compare the script, sound and meaning of the two trademarks and also take the distinctiveness and reputation of the earlier sign into account.

Background of the Case and Subject Matter

The WIPO 2013 Report was published recently and reveals new statistics and information about the great influence and importance of brands in our society, in the global economy and with resepct to innovation infrastructure.



The Brand Finance Banking 500 was published in the February 2014 edition of ‘The Banker’ magazine. The largest banks of the world are ranked by the value of their trademarks. The annual study reflects the industry trends and indicates future developments.



A global campaign by the United Nations Office on Drugs and Crime (UNODC) was launched on 14 January 2014 in order to raise awareness among consumers of the $250 billion a year illicit trafficking of counterfeit goods. The


On 16 January 2014 the European General Court (EGC) decided that a button in the middle of the ear of a toy teddy bear (a so-called “position mark”) cannot be registered as a Community Trademark as it lacks distinctiveness (Decision T‑434/12 of 16.01.14).


In order to assess  whether a mark possesses the necessary  distinctiveness or not, various factors need to be taken into account. On the one hand side, the court has to review the specific goods and services of the applied for trademark,  and, on the other hand, it has to determine if intended brand is capable to enable the average consumer to recognize the source of origin.