In its newsletter of March 2008 (please click here: in German, in English), law firm IP24 draws another interesting conclusion from this decision. IP24 explains that, following the Windsor Estate decision, the owner of an older trade mark may claim damages and obtain an injunction against the applicant of a more recent trade mark from two weeks after publication of the registration of the new trade mark. In the Windsor Estate decision the Federal Supreme Court has now stated that a trade mark search is compulsory prior to the filing of an application or using the mark on further goods and/or services. IP24 further explains that a search will not only have to cover older trade marks but must also include older company names, magazines, book and film titles as well as domain names. Holders of trade marks will thus not only be able to file an opposition but may also be able to claim damages due to the registration of the trade mark.

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