Longtime dispute over trademark now terminated in favour of Trabzonspor – brand speculator goes blank from Munich/Trabzon, 07-04-2009 – a clear rejection is the message of the German of patent and trade mark Office (DPMA) to so-called brand speculators. In 2002, trabzonspor was a registration of the word mark”at the DPMA in Munich. After the first no objection against this brand has been inserted, the DPMA has taken the word mark in the trade mark register and published in the trademark Gazette. In 2005, the lawyer of the professional clubs in Germany, lawyer Habib finally noticed Tabitha that the mentioned trade mark application has been made. To stop the speculator was prompted by a warning letter, the further use of the wordmark trabzonspor”and to submit an appropriate cease and desist.
“In 2007, finally the speculator went a step further: on the auction website eBay” he began a sales auction. The German trademark rights should be with a starting price sold to eager visitors by 1.500.000,-EUR be. In the Turkish daily newspaper Hurriyet the speculator stressed that Trabzonspor was his and Trabzonspor himself press just before, to pay him royalties. The auction could successfully be stopped after only two days. The tabled affiliated both at the DPMA and the competent regional court Munich had success and now show effect: the DPMA is concluded, that the speculator already could prove no serious use will the registration at the time, after which he could present no own business or no concrete business concept to the use by third parties. The registration was carried out only with the aim of taking advantage of the formal legal position as trade mark proprietor Football Club Trabzonspor pressured to and thereby to gain a financial advantage. “The overall behavior shown in this regard by the speculators as acting in bad faith within the meaning of the trademark law” lawyer Habib noticed Tabares. “The intellectual property of others is as well as the material property.
This decision is an example of that tangible and intangible property not be can levered through formal rights. Furthermore these decisions are regarded as a red card for brand speculators”. The parallel to the official cancellation proceedings with the Munich District Court right-pending deletion action was declared on the 02.04.