Warning when using the registered trademark 'Webinar'?
For a few days now, various articles in the social media have been reporting on the allegedly registered trademark 'Webinar' and speculating whether the use of the term could lead to warnings.
Dr. Maximilian Greger, specialist solicitor for IT law as well as copyright and media law at SNP Schlawien in Munich, in his article of 30.6.2020 on www.law-blog.de, highlights the facts and assesses the possible use of the term 'webinar'.
His conclusion is: "I estimate the probability that the trademark owner will actually enforce his rights to be extremely low. On the one hand, he would be countered by the argument that the sign is only used descriptively - as a synonym for an online seminar. In addition, the trademark owner would be threatened with cancellation of the trademark due to revocation, either because the owner has made the word 'webinar' the usual designation or because he is not using it in a way that preserves his rights within the meaning of § 26 MarkenG."
Dr. Maximilian Greger
Certified IT-law attorney
Certified copyright and media law attorney
Phone: +49 89 28634-351
Translated with www.DeepL.com/Translator (free version)