-
1.
An identity of goods must be assumed with respect to the registered goods in Class 33 and a similarity of goods with respect to the goods Classes 32 and 33.
-
2.
“Prinz” is descriptive in the sense of an indication of quality, and this sign can only be attested a weak distinctive character.
-
3.
“Prinz”, or “Prince”, is not laudatory in the sense of an indication of quality only when the mark is especially well-known.
-
4.
When assessing the risk of confusion for goods that are similar or identical, a strict standard must be employed, and the contested mark must distinguish itself all the more noticeably from the opposition mark.
This is a preview of subscription content, log in via an institution to check access.
Author information
Consortia
Additional information
Publisher's Note
Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.
Translation from the German by Allison Felmy.
Rights and permissions
About this article
Cite this article
Federal Act on the Protection of Trade Marks and Indications of Source, Art. 3(1) lit. c. “PRINZ”. IIC 53, 1272–1279 (2022). https://doi.org/10.1007/s40319-022-01250-2
Published:
Issue Date:
DOI: https://doi.org/10.1007/s40319-022-01250-2