Markenrechtlicher Motivschutz

In an original theoretical approach, this dissertation, entitled ‘The Protection of Motifs under Trademark Law’ discusses the set of problems relating to intangible property rights in trademark protection of the motifs of brand names. A trademark motif is legally significant as an aspect of interpretation in the multidimensional protective scope of that trademark. The current complexity of the problems presented is not least due to changes in EU law. In practical cases of collision or in registration research, it is important to decide whether a third party’s logo—despite its differing design—looks sufficiently similar to another brand’s trademark to confirm that that brand’s property rights have been infringed. This study localises the solution within the protective scope of trademark law and describes the similarity of symbols used in trademark motifs in the context of mental association. In the context of competitive practices, design rights and copyright as well as recent cases relating to motif protection, the study reassesses the criteria involved in the notional similarity of symbols with regard to their similarity in a motif.