Facts
In this case, it was about a lawsuit filed by Sunrise Communications AG for the cancellation of the trademarks of Yello Strom Verwaltungsgesellschaft mbH. Sunrise Communications AG claimed that the trademarks of Yello Strom Verwaltungsgesellschaft mbH were invalid due to non-use and abusive registration.
The Federal Supreme Court had to decide whether the legal interest of Sunrise Communications AG can be limited to the classes for which its own trademarks are registered, or whether it extends to the entire scope of the trademarks of Yello Strom Verwaltungsgesellschaft mbH, insofar as the alleged ground for invalidity is found to be justified.
Considerations
The Federal Supreme Court concluded that the lower court had wrongly limited the legal interest of Sunrise Communications AG to the classes for which its own trademarks are registered. In principle, anyone is entitled to assert the non-use of a trademark, as the general interest in not being hindered in the free formation of signs by invalid trademarks is usually sufficient.
Furthermore, Sunrise Communications AG claimed not only non-use, but also the lack of…