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Part 2 · Preconditions, scope and restrictions of the protection of trade marks and commercial designations, transfer and licence  ›  Chapter 3 · Scope of protection, infringements of rights › Section 15

Exclusive right of the proprietor of a commercial designation, claim for injunctive relief, compensation claim

(1) The acquisition of the protection of a commercial designation shall grant to its proprietor an exclusive right.

(2) Third parties shall be prohibited from using the commercial designation or a similar sign in trade, without authorisation, in a manner liable to cause confusion with the protected designation.

(3) If the commercial designation is a commercial designation which has a reputation in Germany, third parties shall be furthermore prohibited from using the commercial designation or a similar sign in trade if there is no likelihood of confusion within the meaning of subsection (2), in so far as the use of the sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the commercial designation.

(4) Any person who uses a commercial designation or a similar sign contrary to subsection (2) or subsection (3) may, in the event of the risk of recurrent infringement, be sued by the proprietor of the commercial designation for injunctive relief. This right may also be asserted in the event of the risk of an infringement.

(5) Any person intentionally or negligently committing the act of infringement shall be liable to the proprietor of the commercial designation for compensation for the damage incurred thereby. Section 14 (6) sentences 2 and 3, shall apply accordingly.

(6) Section 14 (7) shall apply accordingly.

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