What had happened? Steiff in 2010 applied for CTMs for a metal button, or more precisely for what would best be translated into a ‘positional’ mark (Positionsmarke): a metal button to be affixed to the middle of the ear of a cuddly toy together with a rectangular fabric strip label. OHIM and its Board of Appeal refused registration of these mark based on a lack of distinctiveness arguing inter alia that button and fabric strip would not fulfil the essential function of a trade mark to indicate trade origin.
|Steiff also makes cats ...|
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