Jewelry, coins, key rings: The “Hohe Domkirche zu Köln” wanted to have the term “Cologne Cathedral” protected as a trademark – and with it numerous souvenirs. However, the Federal Court of Justice has now ruled: The term is not suitable as a trademark.
The name “Cologne Cathedral” cannot be registered and protected as a trademark. The Federal Court of Justice in Karlsruhe decided this in the final instance. This means that a corresponding lawsuit brought by the “Hohen Domkirche zu Köln” failed. This legal entity under public law is the owner of the world-famous cathedral – and is usually represented by the cathedral chapter, a body of senior clergy of the Archdiocese of Cologne.
The cathedral church turned to the German Patent and Trademark Office in 2018 to protect the name “Cologne Cathedral”. The authorities refused registration. Accordingly, names cannot be protected if they do not clearly refer to the manufacturer of the goods. This applies here because, given the large number of souvenirs, there are many different manufacturers of cathedral products.
BGH: “Cologne Cathedral” no Proof of origin
A lawsuit by the church against the refused registration failed at the Federal Patent Court and now also at the Federal Court of Justice. The federal judges decided that the name “Cologne Cathedral” should be understood as an indication of the topic and not as proof of origin – and therefore cannot be protected under trademark law. The average consumer sees no indication of the origin of the goods in such writing on souvenir items. But that’s what matters with a brand. The lettering here is purely decorative.
The church’s application for trademark protection related to a variety of products. Among other things, the cathedral chapter wanted to protect jewelry, watches, coins, tie clips, jewelry boxes, stationery, key rings, photographs, stickers, books, paperweights, figurines, pennants, flags, headgear, clothing, shaving brushes, aprons as well as sleeping masks, dressing gowns and sandals. Whenever they have the words “Cologne Cathedral” on them.
UNESCO World Heritage since 1996
In its decision, the First Civil Senate of the Federal Court of Justice even addressed mitres, i.e. the headgear reserved for bishops and abbots in the Catholic Church. Even mitres are available as souvenirs in souvenir shops and therefore do not refer to the manufacturer, the archdiocese or cathedral chapter – and are therefore not protected by trademark law, explained the Federal Court of Justice.
Cologne Cathedral is the city’s landmark and one of the most visited attractions in Germany. The Gothic cathedral has been a UNESCO World Heritage Site since 1996.
Also interesting in this context: In 2018, the European Court of Justice recognized the term “Neuschwanstein” as a trademark at the European level.
File number: I ZB 28/23
With information from Anna Hübner, ARD legal editor