Overview
- The Bundesgerichtshof dismissed Obi’s appeal on Thursday and confirmed the Bundespatentgericht’s earlier 2025 decision to delete the color registration that had been recorded at the DPMA.
- Judges said the color acts as a common retail design element rather than a sign of single commercial origin, noting that consumer surveys produced mixed results and did not show an overwhelming link to Obi.
- Obi first registered the hellrot‑orange tone in 2010, and competitors Hornbach and Globus challenged the mark because they and other chains also use orange in their branding.
- Obi said it will continue to use orange as a visual identifier in stores and advertising, but the ruling strips the company of exclusive legal rights to that color.
- The decision cements a high evidentiary bar for abstract color trademarks in Germany and underscores that color protection is only granted when consumer association with one source is clearly dominant, as in past cases like Sparkassen red and Milka purple.