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“Glucose Tablets” (Traubenzuckertäfelchen)

Decision of the Federal Supreme Court (Bundesgerichtshof) 18 October 2017 – Case No. I ZB 3/17

  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.

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Translation by Allison Felmy.

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Trade Mark Act, Sec. 3(2), No. 2, Code of Civil Procedure, Sec. 308(1). “Glucose Tablets” (Traubenzuckertäfelchen). IIC 49, 603–611 (2018). https://doi.org/10.1007/s40319-018-0716-0

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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