The same criteria apply to the trade mark „TOTO“ held by the „Deutsche Lotto- und Toto-Block“ as well, which is only a matter of describing an object, in the case, the abbreviation of Totalisator. Pleading this mark, a state lottery operator tried to have the use of „TOTO“ prohibited and claimed damages. Thereupon ARENDTS ANWÄLTE filed for cancellation of the mark. The German Patent and Marks Office will decide upon this claim within the next few weeks. It can be assumed that the mark „TOTO“, in accordance with the Federal Court of Justices‘ decision will be cancelled as well.