Steiff loses bear button CTM case

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Steiff loses bear button CTM case

German toy maker Steiff has been told by the EU’s General Court that it cannot obtain a Community trade mark for the label it attaches to its teddy bears’ ears with a button

 

In a ruling delivered today, the Court said that the attachment of a button or a label to the ear of a soft toy is not distinctive because it does not allow average consumers in the EU to know that the toy was made by Steiff.

The German company applied to OHIM for a CTM for its positional mark in 2010 to protect the position of the button in the middle of the ears of the toys, rather than a particular type of label or button.

OHIM said that the mark was devoid of distinctive character and that Steiff could not enjoy an exclusive right to produce soft toys that have a rectangular fabric label attached to their ears by way of a metal button fixed to the ear.

Now the General Court of the Court of Justice of the EU has backed OHIM. It said that the “positional” marks cannot be separated from the overall appearance of the toys. It also ruled that consumers would regard the button and label as a decorative element (one of many possible designs of soft toys) rather than as an indication of commercial origin.

The Court added that it was irrelevant whether Steiff was the only manufacturer to attach a shiny or matt round metal button to the ears of soft toys or a rectangular fabric label in the middle of the ear of soft toys.

more from across site and SHARED ros bottom lb

More from across our site

Managing IP will host a ceremony in Kuala Lumpur on November 5 to reveal the winners
Recent lateral moves raise a bigger question for full-service firms – can patent litigation remain a strategic priority when competing practices generate larger profits?
As counterfeiters grow increasingly sophisticated, Gibson Dunn is differentiating its trademark practice through a focus on payment tracing, judgment enforcement and asset recovery
Anita Polott, who is celebrating three decades at Morgan Lewis this year, reflects on career progression, stepping into unfamiliar territory, and leadership frameworks
Technical excellence remains essential, but many firms are discovering that packaging IP with complementary practice areas can unlock new clients and a stronger competitive position
As international interest in Southeast Asia grows, Sheng Rong Tng discusses how changing client demands and the firm’s multidisciplinary model are helping it compete for complex regional mandates
Todd Hopfinger, director in Sterne Kessler’s electronics practice group, says IP owners are contemplating how patent rights will be enforced as commercial activity expands beyond Earth
Christopher Stothers' arrival strengthens the firm's life sciences, technology and UPC offering as competition for top European litigators intensifies
Armstrong Teasdale’s Jim Heinen Jr discusses the challenge of balancing billables, business development and family life and explains why not all patent lawyers are science nerds
From cross-border jurisdiction to the end of the transitional period, Powell Gilbert’s Ioana Sabau and Bryce Matthewson predict the biggest talking points ahead
Gift this article