The Olympic Vs Retrolympics / A Trademark Battle

An applicant applied for a trademark named "retrolympics" for the category Class 35 (advertising), Class 28 (Toys) in 2012.
The PTO (German Patent and Trademark Office) refused the trademark application. They stated that the brand" retrolympics" violate the Law of Germany on the protection of the Olympics Emblem and its Designation OlympSchG.Use of words such as "Olympia", Olympic or "Olympic's", "Olympisch" (in English Olympics) is prohibited by law. Using it standalone or in any combination by anyone other than the National Olympic Committee for Germany or the International Olympic Committee is forbidden.

An opposition was given by the International Olympic Committee to the applicant with an argument that confusion might arise with its OLYMPIC MARK, which is already a registered brand.

The German PTO rejected the opposition with the appeal decision that the court has found no similarities or confusion between the two symbols.
They also said that the word "retrolympic" does not dominate the world Olympics, and the logo does not resemble the Olympic fire.

 The International Olympic Committee not happy with the decision appealed to the German Federal Patent Court.