Regulation for the Protection of the Name Solingen
The need for a law and implementing articles to protect the designation "Solingen" was recognised as long ago as 1938. The legislation was later annulled by the act reforming trademark law and implementing the First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (Trade Mark Reform Act) of
25 October 1994.
Although the German Act on the Protection of Trade Marks and other Symbols (Markengesetz) does include rules to protect indications of geographical origin, such indications were not defined in detail.
If existing legal instruments are inadequate, statutory orders can be issued as a source of objective law so that harmonisation can be achieved in the area of geographical indications. Section 137 of the Act on the Protection of Trade Marks and other Symbols authorises the issue of statutory orders.
The Federal Ministry of Justice, in agreement with the Federal Ministry of Economics and Technology and the Federal Ministry of Food, Agriculture and Consumer Protection, has exercised this authority to issue the Regulation for the Protection of the Name Solingen (Solingenverordnung - SolingenV).
Substantive content of the Solingen Regulation
The commercial use of the name "Solingen" in the context of cutlery requires that
- geographical, and
- qualitative
conditions be fulfilled.
Both requirements must be satisfied. Where one or the other of them has not been met, the name "Solingen" cannot be lawfully used in the course of trade.
Geographical requirement
That the cutlery goes through all the major stages of manufacturing and finishing in the Solingen industrial area (that is, in the city of Solingen itself or in the area of the city of Haan in the Mettmann district).
Qualitative requirements
That the raw material and manufacture must be such as to produce cutlery that is fit for purpose.
Because the Solingen Act does not contain a precise legal definition of the term "major stages of manufacturing" or of the qualitative requirements, it remains for the relevant public, in this case local businesses, to agree on a definition.
In 1997, the Wuppertal-Solingen-Remscheid Chamber of Industry and Commerce, in consultation with the public concerned, issued minimum qualifications for the use of the name "Solingen" which represent the current opinion of the Solingen cutlery manufacturers.
The term "cutlery"
The regulation gives a legal definition of the term in Article 3. It is important to note that the list of cutlery in the Regulation is not exhaustive but, rather, leaves the issuer of the ordinance some scope for additions.
Within the meaning of the ordinance cutlery includes, in particular:
- Scissors, knives, and blades of all kinds
- Cutlery and cutlery components of all kinds
- Table implements such as cake servers, pastry tongs, sugar tongs, grape scissors, and knife rests
- Table implements such as cigar cutters, letter openers, nutcrackers, and corkscrews, and kitchen cutting utensils such as tin openers and knife sharpeners
- Razors, razor blades, and shavers
- Hair clippers, machine shears
- Manicure and pedicure instruments, such as nail files, skin and nail clippers, and tweezers
- Edged weapons of all kinds
