"Nothing rhymes with Uschi"?

This slogan was registered as a trade mark for Mario Barth on 26.01.2011 at the German Patent and Trade Mark Office (DPMA) in the principal class 25 (textiles). Meanwhile, the well-known comedian is issuing cease-and-desist letters to T-shirt manufacturers on grounds of unfair competition because they have printed and distributed "Nothing rhymes with Uschi" on textiles. However, the problem is that this phrase does not appear to originate from the well-known comedian.

Mario Barth previously wore a T-shirt printed with the sentence "Nothing rhymes with Uschi" in various versions during his stage show. In his view, this sentence has become something like his trademark. He now wishes to prohibit others from using this sentence commercially. For this reason, he has had thisslogan registered as a trade mark. The actual "author" of the phrase, "Radio ffn" from Hanover, has now filed a cancellation application with the DPMA according to its own account. The trade mark office will now have to decide whether the phrase concerning Uschi is subject to a right of use clause or can be registered.

Regardless of the trade mark law situation, the question arises for the T-shirt manufacturer that has received a cease-and-desist letter on unfair competition grounds as to whether the slogan actually possesses distinctive character in unfair competition law, i.e. whether consumers always associate this phrase with Mario Barth. For the state of Lower Saxony, this must probably be denied.

Conclusion

Should the trade mark "Nothing rhymes with Uschi" registered by Mario Barth be valid and not be subject to deletion, the comedian could actually prohibit third parties in Germany from printing this 20-year-old phrase on textiles, among other things, even though the slogan demonstrably does not originate from him. Claims for injunction by the comedian on grounds of unfair competition law probably do not exist. It therefore remains to be seen!