Tag: German colour trademarks

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As Blue as a NIVEA Cream Tin – Requirements for Acquiring Distinctiveness

As Blue as a NIVEA Cream Tin – Requirements for Acquiring Distinctiveness

The German Federal Supreme Court Rules on the Blue Color Trade Mark of German Cosmetics Giant Beiersdorf

On 9 July 2015, the German Federal Supreme Court (BGH) ruled on the validity of the blue color mark of the German beauty care company Beiersdorf. The BGH specified the requirements for acquiring distinctiveness with regard to abstract color marks by stating that a color can be registered as a trademark if half of consumers linked the concerned product to that color. Thus, the BGH clarified that abstract color marks acquire distinctiveness under the same conditions as other trade marks.

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