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As a lawyer, I mainly deal with issues of IT law and media law, advising startups, streamers, influencers and other media creators on copyright, competition law and setting up your own business, so last year I decided to go with the domain www.itmedialaw.com.
Now I am just learning that this might have almost triggered a trademark dispute. However, I was saved by the Federal Patent Court, which recognized the term “Law++” as not registrable.
According to these principles, the name applied for is devoid of any distinctive character for the goods and services claimed. As the trade mark office correctly found, it is composed of the word element ‘law’, the English word for ‘law’, and the sign ‘++’. The sign element “law” does not cause any difficulties of understanding for the target public. The term belongs to the
Basic vocabulary of the English language and is also used in domestic speech in certain idioms (as in the term
“law-and-order policy”).
The public will therefore understand the sign element “law” in connection with the goods and services claimed to mean that they relate to legal matters or that the goods and services offered are intended for members of the legal profession or are offered by such professionals themselves.
The Federal Patent Court also denied distinctiveness to the ++ share, referring to common terms in software development and programming languages such as C++.
Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.
