EU: Trademark “Spuckschutz” (Spit Protection) preliminary cancelled

EU: Trademark “Spuckschutz” (Spit Protection) preliminary cancelled

EUIPO: European Union Trademark “Spuckschutz” (spit protection) cancelled for the time being

Gyrcizka KG from Austria demanded up to EUR 16,000 in warning costs from companies that offered a “Spuckschutz” (spit protection), the screen intended to ensure more security on shop counters in times of Corona. In 2013, the advertising company had the word “Spuckschutz” registered with the European Trademark Office as a trademark for showcases and warned companies that offered protective screens for retailers.

For decades, however, various trade and hygiene regulations have stipulated that, for example, when unpackaged food is presented, a – literally – “Spuckschutz” must be attached. The word “Spuckschutz”, as a pure generic name, should hence not have been protected as a trademark at all, since everyone must be free to designate a product for what it is.

After several requests for cancellation were made against the trademark, the request made by patent attorney Ulrich Kreutzer has now been granted and the trademark has been canceled in accordance with the request.

The trademark owner has, however, appealed against the decision so that the screens, which are supposed to keep the inevitable droplets out when speaking, should keep the courts busy even after they have hopefully long since disappeared in many shops.