revocation of shape mark for lack of genuine use

Revocation of a brand for a product shape – GARDENA

Revocation of a brand for a product shape – GARDENA

A particularly attractive opportunity, economically, in terms of trademark law is the registration of a trade mark for a product shape. This was precisely the basis of protection for the well-known Gardena hose syringes and their particular coloured shape. However, over the course of time Gardena had changed the colours of this trademarked product. Was that damaging?

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