The corresponding judgment deals with various meat products in which the origin of the animal plays a role. In particular, it is about the names “Hohenloher Landschwein” and “Hohenloher Weiderind”, which a country butchery uses for its products – although they do not comply with the relevant guidelines at all. This involves specifications, for example, on keeping, feeding, transport and slaughter.<\/p>\n
The Schw\u00e4bisch Hall Farmers’ Association (BESH) took legal action because they registered these designations as collective trademarks. However, the lawyer for the butcher’s shop argued that a producers’ association could not simply register a collective mark under German law if it did not simultaneously obtain an entry as a geographically protected indication under European law. The background to the argument is the different criteria that Germany and the European Union use when evaluating collective marks<\/p>\n
The BGH contradicted this with its final ruling after a revision of the ruling of the same wording by the Stuttgart Higher Regional Court. This decision is likely to have far-reaching consequences for thousands of collective trademarks under German law and strengthens them.<\/p>\n
BESH is pleased with the decision and made the following comment: \u201cThe BGH decision is a good day for consumer protection and a good day for the rights of farmers, who invest a great deal of effort into keeping animals properly, healthy forage and slaughtering, etc. produce high-quality regional products! If meat is offered as Hohenlohe pasture cattle, then it must also come from Hohenlohe and also from grazing! ”<\/p>\n
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