Die markenrechtliche Absicherung der Verteilung von Nebenprodukten, insbesondere Werbegeschenken

This study deals with the trademark protection for promotional gifts. As a result of the ECJ's "Silberquelle" decision it is nearly impossible to maintain the protection of a trademark which is registered for promotional items. The court helds in this decision that the conditions of genuine use are not fulfilled if the products are not distributed to create or preserve an outlet for those goods or services. As far as promotional items are concerned this is regularly not the case. The study shows the weaknesses of the mentioned Judgement and points out that the assessment of the court is not mandatory. The study also demonstrates which "means of interpretation" could avoid the negative implications of the Judgement and achieve appropriate results. Proprietors of the trade marks concerned are also demonstrated how to circumvent the strict Judgement of the ECJ.