Although 3-dimensional trade marks are commonly known nowadays and therefore are not a very interesting topic to blog at first sight, this Class 46 member thinks that the following two German registrations, recently approved by the Bundespatentgericht (Federal German Patent Court) as final instance are still worth being shown to the readers of this blog.

The applicant applied for a registration of the following two "signs" as 3D trade marks with a color indication of "red, white" claiming amongst others the goods

"Motor vehicles and aircraft for transport services of an emergency medical service; transport services of an emergency medical service; transport of sick and disabled; transportation of blood products, tissue samples and sera; education and training in first aid, especially first-aid training and life-saving emergency measures at the scene; medical services, especially emergency medical care; ambulatory care services; services of a paramedic; senior citizens and nursing services; services of an emergency medical service, namely medical care at the rescue of persons"

The German Patent and Trademark Office, however, objected and finally rejected both applications in two instances due to a lack of disctinctiveness. Although the GPTO acknowledged that in general specific colors or color combinations may confer disctinctiveness to an otherwise non-disctinctive form, the color combination used in the present case was not deemed to be sufficient. Additionally the color red was allegedly already used by organisations providing medical services like e.g. the red cross.

The applicant appealed to the Bundespatentgericht and argued that the specific color combination and arrangement of colors of the 3D-signs was not accounted for by the GPTO. Further it was argued that it is common in the field of air rescue services to use different colors / color combinations for the identification of the respective service provider, e.g. plain yellow in case of the German Automobilist Association (ADAC).

The Court followed this argumentation and deemed the signs to be disctinctive due to the claimed color combination/arrangement and the specific customs present in the field of air rescue services.

Case references: Bundespatentgericht 30 W (pat) 65/10 and Bundespatentgericht 30 W (pat) 66/10 both dating January 26, 2012. The decisions can be retrieved from the court’s website by following the above links.

Taking a closer look at the representations filed, this Class 46 member can not help but wonder whether the helicopter as claimed may be able to fly at all in view of the truncated rotor blades as shown in the top view and the apparent lack of rotors when seen from below ... :-)