Personal names are a classic means of identification because of their ability to individually identify the bearer of the name and thus to distinguish it from other persons.^[1] However, whether a personal name has a function indicating the origin of goods or services must be assessed according to the principles applicable to all trade marks.^[2] If the public understands a personal name merely as a descriptive statement of the goods or services, then the name does not have the necessary function of guaranteeing the origin of the labelled goods or services, which is the function of a distinctive sign.^[3]
However, a name such as ‘Pippi Langstrumpf’ is not a descriptive factual statement.^[4] The character Pippi Langstrumpf does not have such a clearly defined content that it would be understood as an indication of the properties of goods such as data carriers, printed matter, toys or services in the field of education^[5] or accommodation.^[6]