Berichten Industriele Eigendom, 2016-2, p.30, Ulrich Hildebrandt: "During the past year the German law on trademark, design and unfair competition has mainly been amended only in details whereas the major changes have been in trademark law and unfair competition law, and there is little to report from design law. [...]
The most important decision in German trademark law concerned "new" trademark forms such as colour trademarks or three-dimensional trademarks. Another -disastrous, but important- decision affected the rights resulting from a Community trademark that was converted into a national trademark. [...]
I am not totally happy with this legal situation in Germany. Article 104 (1) CTMR provides detailed rules concerning the stay of disputes regarding the infringement and validity of Community trademarks. There is no reason why national trademarks and Community trademarks should be treated differently from a procedural perspective. We will only be able to protect European values if we start pushing European integration. "
