“CCCP” – Designation Of Geographic Origin

Pursuant to Sec. 8 (2) No. 2 Trademark Act, the letters “CCCP” designating the former Soviet Union can not be registered as a trademark for clothes, T-shirts and sweatshirts.

Despite the fact that the former Soviet Union does no longer exist as a state, the Cyrillic letters CCCP are still suited as designation of geographical origin pursuant to Art. 8 (2) No. 2 Trademark Act.

The decision is based on two key points:

1. Also an out – of – date local designation may be non protectable if it is still seen as indication of location at least in parts of the relevant circles.

2. National designations of no longer existing states can evolve into – non protectable – indirect designations of geographic origin.

Federal Patent Court 21. Jan 2009 – 26W (pat) 2/ 08