A trademark, which is a parody of a prior trademark, may be cancelled due to a request of the owner of the prior trademark (BGH, decision 2.4.2015 – I ZR 59/13 – Springender Pudel). The German Federal Court (BGH) decided that the owner of the well-known trademark “Puma” can request the cancellation of a registration of a trademark which is a parody (leaping poodle) of his trademark.  

Although there is no risk of confusion between both signs, the owner of a well-known trademark can request the cancellation if no risk of confusion exists but the similarity between the trademarks is increased in a way that a likelihood of confusion appears for the relevant public.

Moreover, the owner of the trademark „poodle“ has objected an artistic parody. However, the BGH did not accept this objection. The legal protection of fundamental rights would not give the opportunity to the defendant to register an own trademark right for identical or similar goods.   

If a trademark is parodying another well-known trademark in a funny way in order to enhance his own selling of goods and if this is occurring within the same segment of goods the later trademark can be cancelled. However, the owner of the parodied trademark can at least request a cancelation.

This decision can be understood as a deviation from previous case law since a protection of a motto or concept as such was only accepted within strict limits (EuGH Rs. C-251/95 -Springende Raubkatze).