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The “Hohenloher Landschwein” and the “Hohenloher Weiderind” are registered trademarks. According to German law, but not according to EU quality regulations. A conflict in which the BGH now has to make a decision.
Karlsruhe – Stinging on regional designations of origin for food and agricultural products EU quality regulations German trademark law? The Federal Court of Justice (BGH) dealt with this question on the basis of the “Hohenloher Landschwein” and the “Hohenloher Weiderinds”. Today (9:00 a.m.) the Karlsruhe judges want to announce a decision on this. This can also be a request to the European Court of Justice (ECJ). According to the opinion of the lawyer Ulrich Hildebrandt, who represents the farmers’ association in Schwäbisch Hall, this is important for thousands of so-called collective brands. (Ref .: including I ZR 163/19)
As such, the producer group has registered the names mentioned. According to the German trademark law, this allows goods to be protected that, for example, can be distinguished from products of other companies due to their geographical origin. According to Hildebrandt, strict guidelines apply to the use of the “Hohenloher Landschwein” and “Hohenloher Weiderind” brands with regard to the origin, feed and animal welfare.
The producer group demanded that a butcher from Hohenlohe cease and desist and pay damages because they did not comply with these requirements – but sold other meat with this label. The case ended up in court and went through the courts.
The lawyer of the Landmetzgerei Setzer GmbH, Benjamin Stillner, in turn referred to the protected geographical information (PGI) under European law. If an association does not obtain such an entry, it cannot circumvent the harmonization sought by the European legislator and register a collective mark under German law. “Anyone who does not meet the requirements for registration as a European indication may not obtain a” protection light “at national level through the back door,” explained Stillner before the BGH decision. “Because then you would have a patchwork quilt in the European structure that is expressly rejected by the ECJ.”
The higher regional court in Stuttgart had decided in 2019 in favor of the farmers’ producer group Schwäbisch Hall. dpa
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