With immediate effect, the "EAR" foundation will not be going ahead with any brand registration for producers or equipment under the Electrical and Electronic Equipment Act with the description "no brand".
The reason for this decision is that according to case law of Ansbach Administrative Court in Bavaria, which is the only first instance responsible for decisions of the "EAR" Foundation in Germany, registration with the brand description "no brand" and comparable descriptions (e.g. "without", "none", "no-name") would be unlawful and is therefore not permitted. On the contrary, the manufacturer must always be registered with a brand description that clearly identifies the manufacturer.
In addition, a manufacturer must clearly mark electrical and electronic equipment if no brand is illustrated. The electrical and electronic equipment must be marked with wording (e.g. company name) or a figurative mark registered with the DMPA. Electrical or electronic equipment cannot be marked merely with the registration number and the crossed out dustbin. The manufacturer must certainly be identified in plain text, so that this can then be used as brand during registration.
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