Kernrechtsfrage
Whether the counterclaim for cancellation/invalidity of the GOTTHARD word mark and word/device mark was admissible despite alleged lack of legal interest.
Extrahierter Entscheid
The respondent had a sufficient declaratory and legal protection interest because the disputed company element and all claimed marks were linked to the same uncertainty.
Extrahierte Begründung
A party may seek declaratory relief under the MSchG when uncertainty over the legal relationship persists and affects its freedom of action; the respondent could be faced with renewed claims based on the word/device mark if invalidity were not decided now.