“Black Friday” to be removed from trademark register

For bargain hunters, Black Friday has been a household word for years. So it was all the more understandable that retailers invested a lot of money in licenses to draw attention to the autumn bargain hunt. This is now according to the court decision apparently an end.

The bargain hunt between Thanksgiving and Christmas

Like so many consumer trends, the so-called Black Friday spilled over from the USA to Europe. Under the black Friday in German one understands however far more positive than it may give the translation. In recent years, it has been used to secure one or two Christmas bargains in late fall. The timing for this could hardly be better. After all, it is always the Friday after Thanksgiving – one of the most important holidays in the USA. This year, this day falls on November 25.

Back in 2016, a resourceful entrepreneur was found in Austria who sensed big business and promptly launched the Blackfridaysale portal. The associated Black Friday GmbH also secured the rights to the term in the course of this. From then on, all retailers who wanted to use the term for advertising purposes had to pay for the rights of use. Naturally, this was a thorn in the side of many companies. After all, the word combination was already being used as a common term in the USA.

Fortunately, anyone can advertise “Black Friday”

Of course, many businesses were incensed by the annual royalty payments. But those who resisted and used the brand without a license, had to expect an expensive warning. It is all the more understandable that people wanted to take legal action against the questionable trademark. This plan of blackfriday.de is crowned with success. Thus, the Berlin Regional Court ruled in 2021 that Black Friday may by no means be considered a trademark worthy of protection. Now this judgment was confirmed after previous appeal by the higher regional court Berlin again. Consequently, Black Friday is now no longer considered a trademark worthy of protection and may be used by anyone without paying a license.

What happens now?

Black Friday was removed from the trademark register in the wake of the ruling. However, it could now go further in the context of an appeal. If Super Union Holdings Limited, as the trademark owner, decides to appeal, the judges at the Federal Court of Justice would have to deal with the issue. For this reason, not too many retailers are likely to dare to advertise with “Black Friday” this year without the appropriate license. Next year, the whole thing will most likely look different.