In a recent ruling the German Patent Court has confirmed that the circle of twelve five-pointed stars on a blue background, the emblem of the Council of Europe is protected under Article 6 of the Paris Convention. Article 6 of the Paris Convention protects armorial bearings, flags and other state emblems. These emblems are protected by prohibiting the registration of and use of trade marks that are identical or similar to the aforementioned bearings, flags and emblems.
The German Patent Court found that the EUROKURIA logo, that incorporates a circle of twelve five-pointed stars on a dark background, overlaps with the emblem of the Council of Europe and is sufficient to constitute an imitation of an official emblem contrary to Article 6 of the Paris Convention.Â
This decision was not consistent with the decision at first instance, where it was stated that the EUROKURIA logo did not create a false impression of association with EU institutions. Furthermore, it was stated that there was not any conceptual similarities that were covered in the mark in relation to customs clearance in class 36 relating to the EU and transportation in class 39 relating to EUROKURAS activities. Â
However, the ruling by the German Patent Court did find that there was a conceptual similarity between the services offered by EUROKURIA and the activities that the EU institutions carry out. Â It found that the EUROKURIA logo could invoke that the company is being run or affiliated with the UK. Therefore the German Patent Court offered for the EUROKURIA mark to be cancelled.Â