BGH: A square shape can also be protected as a trademark
Thursday 22 february 2018 - 16:34
Three-dimensional symbols that represent the shape of a product can be protected as a trademark. That was the verdict of the Bundesgerichtshof (BGH), Germany's Federal Supreme Court, in two rulings from October 18, 2017 (Az.: I ZB 3/17 and I ZB 4/17).
A chocolate manufacturer and a dextrose manufacturer had their three-dimensional symbols registered as trademarks. Competitors of theirs did not want to leave it at that and instead filed an application for cancellation of the trademarks. The dispute ultimately came before the Bundesgerichtshof.