The Higher Regional Court of Cologne has ruled that the non-flashy inscription “Thermomix” on the cover of a cookbook with Thermomix recipes does not constitute a trademark infringement. The fundamental use of the “Thermomix” trademark was justified pursuant to Section 23 No. 3 MarkenG. The cookbooks are useless for anyone who does not have a “Thermomix”. In order to avoid misleading consumers, the publisher had to clearly indicate that the cookbooks were exclusively intended for this kitchen machine. In the specific case, the publisher had not yet exceeded the limit of necessity (the “how” of brand use) in the cover design. Consumers’ attention is primarily drawn to the highlighted book title and only then to the word “Thermomix” and the cookbook publisher’s logo, which is also printed on the cover. As a relatively small decorative element, the stylized image of the food processor was not part of the eye-catcher (OLG Cologne, judgment of 13 September 2019, ref.: 6 U 29/19).