Following a parallel import of medical devices, the trademark owner cannot generally oppose distribution in Germany because the importer has affixed a small sticker with its own PZN to the packaging. This also applies if this sticker covers a label on the packaging with details of the trademark owner – in particular with the company name of the distributor, of which the trademark is also a part. It does not matter whether the importer relies on this PZN for distribution in Germany (OLG Frankfurt a. M., judgment of 07.03.2019 – 6 U 37/18).
V12X: European Court of Justice confirms cancellation of the MAN EU trademark
The EGC confirms: “V12X” is not registrable as a trademark – what companies should take away from this.