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No word mark for the NPD: Federal Patent Court sets clear limits

NPD Trademark Word mark refused DPMA BPatG

The decision of the Federal Patent Court on the "NPD" trademark

The far-right party "Die Heimat", successor to the now banned National Democratic Party of Germany (NPD), has suffered a legal defeat at the Federal Patent Court (BPatG). The court ruled that the party's attempt to register its former name "NPD" as a word mark is unlawful. The reason: the trademark is contrary to public morals and is therefore excluded from registration under Section 8 (2) No. 5 of the German Trademark Act (MarkenG).

The decision was made in a ruling dated December 1, 2024 (Ref. 28 W (pat) 54/22) and once again underlines that the constitutionally protected party privilege is not limitless.

The background: Application to the DPMA and rejection

In April 2022, "Die Heimat" attempted to register the abbreviation "NPD" - once synonymous with the National Democratic Party of Germany - as a word mark with the German Patent and Trade Mark Office (DPMA). The trademark was to be comprehensively protected and apply to numerous classes of goods and services, including digital media, paper goods, glass and porcelain products, clothing, toys, beers, tobacco as well as advertising and entertainment productions.

The DPMA rejected the application by decision of August 22, 2022. The authority argued that the trademark infringed Section 8 (2) No. 5 MarkenG as it violated "public order or morality". The party lodged an appeal against this decision - without success.

The BPatG's decision in detail

The Federal Patent Court confirmed the opinion of the DPMA and made clear in its reasoning why the trade mark "NPD" is not registrable. The sign "NPD" would seriously offend the political and moral sensibilities of a considerable part of the population. This applies both to "normally informed average consumers" who come into contact with the products or services of the mark, as well as to business customers and even to those who encounter the sign by chance in everyday life.

Particularly noteworthy is the court's finding that such a trademark would be problematic not only on a political level, but also in the everyday consumer environment. The abbreviation "NPD" is inextricably linked to the unconstitutional and inhuman aims of the former party. Registering it as a trademark would therefore be detrimental to fundamental social values and public order.

Party privilege and trademark protection: limits of the constitutional order

The ruling makes it clear that although the constitutional party privilege protects the establishment and activities of parties, it does not serve to grant anti-constitutional organizations or their symbols unrestricted access to property rights. The registration of a trademark such as "NPD" could be perceived as legitimizing or normalizing unconstitutional ideologies - a result that contradicts the legal system.

Conclusion

With its decision, the Federal Patent Court has sent a clear signal against the spread of right-wing extremist ideologies. The attempt to protect the abbreviation "NPD" as a trademark failed due to the fundamental values of social order and the legal limits of the Trademark Act. This underlines the fact that the right to trademark protection does not take precedence over the principles of human dignity and democracy. The BPatG's decision sends a clear message: symbols and terms that stand for inhuman ideologies must not be given any space in the business and social environment.

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