The Federal Court of Justice has rejected the applications to cancel two trademarks registered for chocolate bars in the form of square packaging. This means that the neutralized packaging of the chocolate bars “Ritter Sport” and “Ritter Sport Minis” continue to be protected as trademarks. In the opinion of the BGH, the applications for cancellation directed against the registration are not justified. The registered trademarks do not consist exclusively of a shape that gives the product a substantial value. However, the shape of a product or packaging is only excluded from trademark protection if it gives the product a substantial value. There are no indications of this in the case of the square chocolate bar packaging in question here (BGH, decisions of July 23, 2020, Ref.: I ZB 42/19 and I ZB 43/19; PM of the court of July 23, 2020).
Trademark application in bad faith as leverage in competition
Trademark applications in bad faith: How abusive registrations lead to a blocking position and circumvent competition law – an EGC case.