Information about the family coat of arms NEUMANN and about the company name REALDOMUS®
The family coat of arms NEUMANN is registered at the German Roll of Arms, volume 65, and was made publicly known. Except the publicly made known persons no one is allowed to use this family coat of arms for private or business purposes of any kind.
The family coat of arms is part of the company REALDOMUS® Relocation & Service Agentur. Any misuse will be prosecuted.The family coat of arms and the name REALDOMUS® are registered trademarks at the German Patent and Trade Mark Office in Munich.
The coat of arms right regulates the power of bearing the coat of arms as an emblem. It represents an recognised by jurisprudence common law, and is governed purely by private law. According to court rulings the right to the coat of arms is protected by the analogous application of the right to a name regulation (sect. 12 German Civil Code). The coat of arms right is based on the same principles like the right to a name.
Sect. 12 German Civil Code (BGB) Right to a name
If the right of a person to use a name is disputed by another person, or if the interest of the person entitled to the name is injured by the unauthorised use of the same name by another person, the person entitled may require the other to remove the infringement. If further infringements are to be feared, the person entitled may seek a prohibitory injunction.
Translation provided by the Langenscheidt Translation Service. © 2012 juris GmbH, Saarbrücken
Sect. 5 Trade Mark Act (MarkenG) Commercial designations
(1) Company symbols and titles of works shall enjoy protection as commercial designations.
(2) Company symbols are signs used in the course of trade as a name, company name or special designation of a business operation or an enterprise. Business symbols and other signs intended to distinguish the business operation from other business operations which are regarded as symbols of the business operation within involved trade circles shall be deemed equivalent to the special designation of a business operation.
(3) Titles of works are the names or special designations of printed publications, cinematic works, music works, stage works or other comparable works.
Translation provided by Brian Duffett and Neil Mussett. © 2012 juris GmbH, Saarbrücken
Decision
Protection according to sect. 12 of the German Civil Code (BGB) shall enjoy even trade names in compliance with the trademark law
– Higher Regional Court (OLG) Hamm, decision of 18 January 2005, ref. no.: 4 U 166/04
A trade name in compliance with sect. 5 para. 2 sentence 2 of the Trademark Act (MarkenG) which could cover both the company name and the therefore differing commercial designation is furthermore protected by sect. 12 of the German Civil Code (BGB). Already the mere registration of the protected trade name as a domain name constitutes an unauthorised use of the name because thereby arises no separate right to a name. The Trade Mark Act regulations do not take effect in cases the infringing name and commercial designation are used in private communications.
CHristoph Neumann
Owner & Keeper of the family archive