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Court ruling on Black Friday: Now everyone can use the term license-free

Luca Brezing

20/10/2022

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Reading time: 2 min

The most important facts in brief
  • The "Black Friday" brand was previously protected under trademark law
  • Marketers and companies had to acquire licensing rights, as they could otherwise be warned for using the term "Black Friday". 
  • According to a ruling by the Berlin Court of Appeal, the trademark is now no longer protected and the term "Black Friday" can be used freely again.

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Companies were not allowed to use the term

Black Friday is one of the biggest sales events of the year. The American custom has now been established in Germany for years and offers companies the opportunity to boost sales figures with attractive offers. 

However, the use of the word mark "Black Friday" was not easily possible in the past, as the Chinese company Super Union Holdings Ltd. managed to secure the term under trademark law at the German Patent Office in January 2014. This meant that the term could previously only be used in Germany by Black Friday GmbH, which had concluded an agreement with the Chinese company to use the term.

Even back then, the patenting was sharply criticized as the term "Black Friday" was a commonly used term. Legal experts already assumed at the time that the term would not last as a word mark. 

Companies that nevertheless used the term for marketing purposes, for example, had to expect a warning. 

Court ruling releases word mark 

But that has now changed. The Berlin Court of Appeal has now decided to make the cancellation of the word mark effective from April 25, 2019. The owner of the "Black Friday" trademark has therefore failed in its attempt to prevent the cancellation. 

The trademark was already revoked on April 15, 2021 for more than 900 registered goods and services. 

Since the ruling on October 14, 2022, the term can now be used without restriction and license-free for everyone.

Companies were not allowed to use the term

Black Friday is one of the biggest sales events of the year. The American custom has now been established in Germany for years and offers companies the opportunity to boost sales figures with attractive offers. 

However, the use of the word mark "Black Friday" was not easily possible in the past, as the Chinese company Super Union Holdings Ltd. managed to secure the term under trademark law at the German Patent Office in January 2014. This meant that the term could previously only be used in Germany by Black Friday GmbH, which had concluded an agreement with the Chinese company to use the term.

Even back then, the patenting was sharply criticized as the term "Black Friday" was a commonly used term. Legal experts already assumed at the time that the term would not last as a word mark. 

Companies that nevertheless used the term for marketing purposes, for example, had to expect a warning. 

Court ruling releases word mark 

But that has now changed. The Berlin Court of Appeal has now decided to make the cancellation of the word mark effective from April 25, 2019. The owner of the "Black Friday" trademark has therefore failed in its attempt to prevent the cancellation. 

The trademark was already revoked on April 15, 2021 for more than 900 registered goods and services. 

Since the ruling on October 14, 2022, the term can now be used without restriction and license-free for everyone.

About the author
Luca Brezing

SEO and content marketing are his passion. When he's not checking the latest rankings, he's probably playing sport.

Rock your online store content!

Better rankings & more sales through perfect content for your target group

Download now for free
Luca Brezing

SEO and content marketing are his passion. When he's not checking the latest rankings, he's probably playing sport.

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