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 2025

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

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

Licensing chief Patrik Hammarén also reveals that the company will rename its IPR business to better reflect its role in defining standards
The acquisition of Pecher & Partners follows the firm’s earlier expansion into litigation to create a ‘one-stop shop’
News of Via Licensing Alliance launching its first semiconductor patent pool and INTA electing a new president were also among the top talking points
Submit your nominations to this year's WIBL Americas Awards by January 23
The 2026 Life Sciences EMEA Awards is now open for entries. We are looking forward to reviewing and celebrating the industry's most impressive achievements and landmarks from the past year.
The tie-up between Perkins Coie and Ashurst may generate some striking numbers, but independent IP firms need not worry yet, according to practitioners
Perkins Coie’s US patent prosecution strength could provide Ashurst with an opportunity to enter an untapped market in Australia, but it may not be easy
Mitesh Patel at Reed Smith outlines why the US Copyright Office and courts have so far dismissed AI authorship and how inventors can protect AI-generated works
Xia Zheng, founder of AFD China, discusses balancing legal work with BD, new approaches to complex challenges, and the dangers of ‘over-optimism’
A dispute involving semiconductor technology and a partner's move from Hoffman Eitle to Hoyng Rokh Monegier were also among the top talking points
Gift this article