The German Federal Supreme Court revoked protection of the Fussball WM 2006 mark after a challenge by confectionary firm Ferrero.
It effectively means FIFA can no longer restrict the use of the phrase to its official partners.
However, no judgment was passed on the copyright issues surrounding the ‘WM 2006’ mark.
The German federal patent court had initially ruled that ‘WM 2006’ was ‘protectable’ for a wide range of products and services for FIFA, including the contentious confectionery category. The federal supreme court, however, chose not to pass any definitive decision and referred the matter back to the federal patent court, where Ferrero’s claim will finally be decided as to whether or not trademark protection will be granted in the confectionery category as well as other goods and services categories that have already been confirmed.
The protection granted in August 2005 will remain in force until the matter has been reconsidered.
Regardless of the decision, the ‘WM 2006’ mark will continue to be registered as a ‘community trademark’ in Europe for FIFA and will consequently be protected in Germany.
FIFA General Secretary Urs Linsi said: “Safeguarding the exclusive rights of our partners is an essential requirement for this, the world’s largest privately financed sports event, which generates costs of more than EUR600m euros for FIFA alone.
“Companies that seek to profit from the FIFA World Cup without making a contribution jeopardise the financing of the event through commercial partnerships.
“Protecting our trademarks is therefore of fundamental importance to developing football as a whole. Our trademarks are still protected but today's decision does not augur well for the growth of our sport or for organisers of major sports events.”
FIFA has lost vital copyright protection on a key slogan ahead of this summer’s World Cup in Germany – a decision which soccer’s world governing body warns could have major ramifications for sporting events.
