Protection of 3D marks - Dr. Florian Schwab explains current confectionery case
Commenting on the online portal of the World Trademark Review, solicitor Dr. Florian Schwab explains two recent decisions of the Federal Supreme Court on the protection of 3D marks in the case of the square packaging used by Ritter Sport chocolate and Dextro Energy glucose.
The Federal Supreme Court reversed the restrictive approach applied by the Federal Patent Court and confirmed the liberal approach as regards the patentability of three-dimensional marks. Corresponding judgements with reasoning are still awaited. The Federal Supreme Court has up to now only released a press statements.
This article was published on 05.01.2018 in WTR Daily (component of World Trademark Review).