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Decision of the Federal Supreme Court (Bundesgerichtshof) 12 March 2015 – Case No. I ZR 153/14

  1. a)

    A black-and-white mark is not identical with the same sign in colour if the differences in colour are not insignificant.

  2. b)

    A use as a trade mark is given if an insignia that serves to be fitted on spare parts bears the well-known mark of an automobile manufacturer.

  3. c)

    If the trade mark in dispute is used by a third party for its products like its own mark, the limit to protection provided for in Sec. 23, No. 3 of the Trade Mark Act is not applicable.

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Trade Mark Act, Secs. 14(2)(1) and (2), 23(3). “BMW-Emblem”. IIC 47, 114–118 (2016).

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  • Use as a trade mark
  • Black-and-white mark
  • Differences in colour
  • Identity