The German Federal Supreme Court decides on the Relevance of False Indications of Trademark Protection

The German Federal Supreme Court came to the conclusion that the user of a mark together with the indication "®", without actually being owner of that mark or a licensee regarding that mark, is misleading in the course of business in a manner which is regularly relevant under unfair competition aspects. The term "misleading" already implies a certain relevance. A further examination as to the relevance under the aspect of Art. 3 Unfair Competition Act is not necessary.