The German Patent Court recently permitted the registration of the trademark JACKSON, despite its geographical signification. An application for this mark in respect of "musical instruments and parts thereof' had been rejected by the Patent Office on the grounds that JACKSON is the name of at least 12 cities and towns, as well as a number of counties, in the United States, and that no single trader should be allowed the exclusive right to the use of a geographical name.

The Federal Patent Court rejected this position on the ground that the number of cities named JACKSON meant that the name did not refer to any one particular location. The Court also noted the prevalence of JACKSON as a surname which tended to show that this name was not automatically associated with a specific place. It was pointed out by the Court that the necessity of keeping geographical place names free for all traders to use applies essentially when factors are present that would cause certain goods to be associated by the consuming public with a specific geographical location. The court noted that no particular city named JACKSON was directly associated with the manufacture and sale of musical instruments.

It is quite clear from this decision that a geographical name should not be automatically rejected in Germany and that a determination as to whether it should be granted registration will depend on the particular circumstances of the individual case.

June 1994 Index