Misleading information is no longer deemed to exist if the public’s understanding has changed with the result that the disputed information corresponds to the actual circumstances. A quality seal or test mark is understood by the public to mean that a neutral third party with the relevant expertise has tested the advertised goods for compliance with minimum requirements according to objective and meaningful criteria. From the point of view of the public, such a mark offers the guarantee that a product marked with it has certain characteristics that are considered essential for the quality and usability of the goods (continuation of BGH, judgment of 21 July 2016 – I ZR 26/15, GRUR 2016, 1076 marginal no. 39 = WRP 2016, 1221 – LGA tested).

The determination of the procedure and the test criteria is basically the autonomous decision of the awarding body. However, it can be reviewed to determine whether appropriate criteria have been defined in individual cases – for example, with reference to recognized technical standards or standardization of the product sector concerned. The payment of an appropriate fee for carrying out the test or awarding the seal does not prevent the neutrality of the testing body (BGH, judgment of July 4, 2019, ref.: I ZR 161/18).