The German Federal Patent Court (BPatG) recently had to decide on the registrability of labels as trade marks.
In its headnotes concerning “labels” the BPatG held that (1) with regard to the registrability of three dimensional product-related shape marks (2) there was “no state of emergency” concerning designations in the product field of labels. (3) Registrability of common shapes of labels, sales-slip rolls, boards and comparable goods, such a rectangular, concave, convex form varieties (of labels) may only be considered under the prerequisites of acquired distinctiveness under Article 8(3) German Trade Marks Act (Change to BGH I ZB 012/96 and I ZB 013/96 – “Etikettenartige Umrahmungen”, (in Egnlish: label-type frames).
Case reference: German Federal Patent Court (BPatG): “Etikett” (in English: label), case reference 28 W (pat) 27/09 of 04 February 2010 (case references of the parallel decisions: 28 W (pat) 28/09; 28 W (pat) 29/09; 28 W (pat) 30/09; 28 W (pat) 31/09; 28 W (pat) 32/09; 28 W (pat) 33/09).
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