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“Glucose Tablets” (Traubenzuckertäfelchen)

Decision of the Federal Supreme Court (Bundesgerichtshof) 18 October 2017 – Case No. I ZB 3/17
  • Trade Mark Act, Sec. 3(2), No. 2, Code of Civil Procedure, Sec. 308(1)
Decision • Trade Mark Law Germany
  1. 1.

    Only such designs are technically determined and excluded from trade mark protection pursuant to Sec. 3(2), No. 2, of the Trade Mark Act in which the result obtained by the shape is of a technical nature. If an essential feature of the shape conveys merely taste, sight or haptic sensory impressions, therein lie results in the non-technical field, so that the absolute ground for refusal of protection is not triggered.

     
  2. 2.

    In the cancellation procedure, the three grounds for refusal listed in Sec. 3(2) of the Trade Mark Act do not comprise a uniform matter in dispute. The Federal Patent Court therefore may not examine ex officio a ground for refusal not asserted by the party requesting cancellation.

     

Keywords

3D trade mark Technical nature of the shape Cancellation procedure Absolute ground for refusal of protection Essential features of a good’s shape exhibited in the trade mark 

Copyright information

© Max Planck Institute for Innovation and Competition, Munich 2018

Authors and Affiliations

  • Trade Mark Act, Sec. 3(2), No. 2, Code of Civil Procedure, Sec. 308(1)

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