The Federal Patent Court the decision of the German Patent- and Trademark Office concerning canceled the ordered cancellation of the trademark "Post"

The Marke "Post" troubling am 3. November 2003 been registered for various services related to the delivery of letters and parcels. On cancellation requests several competitors had towards the German Patent- and Trademark Office ordered the cancellation of the trademark. This decision, the Federal Patent Court repealed now.

The Court of, that the mark consists of an indication, which could serve to designate a characteristic of the services, so that the conditions of the ground for refusal of § 8 Abs. 2 No.. 2 Trademark Act had been met. but a cancellation of the trademark ruled out yet, because these before the date of the decision on its registration as a result of the use of the services claimed in the relevant class in accordance with § 8 Abs. 3 MarkenG have enforced.

This follows from a report by a research institute in February 2003. The traffic survey had revealed, that over 75 Percent of respondents who claimed Haul- assign and delivery services to the company German post office. Das reicht nach Auffassung des Bundespatentgerichts für eine Eintragung der Marke auf der Grundlage der Verkehrsdurchsetzung aus.

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