28 October 2026
A recent German decision involving Cologne Cathedral shows why the answer is not always straightforward.
In KÖLNER DOM, Germany's Federal Court of Justice rejected trade mark protection for the words KÖLNER DOM for a range of souvenir goods.
The problem was distinctiveness.
The court considered that consumers seeing "Kölner Dom" on products such as clothing, jewellery or printed material would understand it as a reference to Cologne Cathedral, not as a brand identifying one commercial source.
In other words, it functioned as a theme, not a trade mark.
Australia takes an interestingly different path
The Sydney Opera House provides a useful comparison.
The Sydney Opera House Trust has registered trade marks covering the SYDNEY OPERA HOUSE name and, more unusually, the distinctive three-dimensional shape of the building itself.
That shape registration covers a wide range of goods, including many traditional souvenir categories such as clothing, jewellery, printed material, bags and miniature models.
So why can the Sydney Opera House secure this kind of protection when Cologne Cathedral could not?
There is no simple rule that famous landmarks are either protectable or unprotectable.
The key question is whether the sign being registered is capable of functioning as a badge of commercial origin.
A name that consumers simply understand as describing a famous place may struggle to qualify.
A distinctive shape, logo or brand asset that consumers associate with a particular organisation may be in a much stronger position.
However, trade mark rights do not mean ownership of every image
The Sydney Opera House example also shows why different IP rights need to be separated.
Australian copyright law generally allows people to photograph, draw or film buildings.
Trade mark law is different. It becomes particularly relevant where a name, shape or image is being used as a brand, or where the use could suggest an official commercial connection.
That means there can be an important difference between:
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taking a photograph of a famous building;
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selling a souvenir depicting it;
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using its shape prominently as branding; and
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marketing a product in a way that suggests official sponsorship or endorsement.
The practical lesson
For owners of major attractions and cultural institutions, the lesson is to think beyond the name alone.
Potentially valuable assets may include the name, logo, stylised branding, distinctive architectural features and merchandise branding.
For businesses using famous landmarks in products or marketing, the reverse applies.
The fact that a place is famous, public or widely photographed does not necessarily mean every commercial use is unrestricted.
The better question is:
What exactly are you using, how are you using it, and what rights protect it?
IP Solved can help businesses assess trade mark, copyright and licensing issues before launching products, campaigns or merchandise built around well-known places or cultural assets.
