27 Nov Free use of “Black Friday” as a word mark now possible
In the USA, “Black Friday” is usually the day after Thanksgiving, the fourth Thursday in November. The day marks the start of the Christmas shopping season. In the course of globalization, it also represents the highlight of the upcoming Christmas business in Germany, which is why all kinds of discounts and promotions are offered. The legal dispute over the word mark “Black Friday” has been decided and must be deleted from the register of the German Patent and Trademark Office. This comes after the Federal Court of Justice (BGH) rejected an appeal against the non-admission of an appeal against a ruling by the Berlin Court of Appeal in the proceedings at the end of June this year. As usual in these cases, without further explanation. According to the operator of the portal blackfriday.de, it had taken action against the registration of the word mark “Black Friday” in several proceedings. In October last year, the Berlin Court of Appeal ruled that the “Black Friday” trademark had lapsed (case no. 5 U 46/21). It is a buzzword for discount campaigns, but does not indicate an operational origin, it said in justification.