Facts
Company X AG applied to the Federal Institute of Intellectual Property (the Office) for the registration of the trademark "RFS INFORMATIC" for printed matter as well as computer software and hardware. The Office rejected the registration, as the sign consists of the non-distinctive letter group "RFS" and the purely descriptive term "INFORMATIC". Company X AG subsequently filed an administrative court appeal, requesting the Office to provide the reasoning for the decision and potentially register the trademark.Considerations
The Federal Supreme Court dismissed the appeal. It stated that the reasoning for the decision does not need to be contained within the decision itself, but can also be derived from the previous correspondence between the Office and Company X AG. In the letters dated July 9, 1986 and September 2, 1986, the Office had explained in detail and repeatedly to Company X AG why it could not allow the registration of the trademark. Thus, Company X AG had reliable knowledge of the reasons for the decision and was able to examine them and, if necessary, challenge the decision. Furthermore, the Federal Supreme Court stated that the trademark "RFS INFORMATIC" is not eligible for registration under Article 14(1)(2) of the Trademark…