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

Ana Castedo, who brings a strong focus on patent litigation, is due to help build the firm’s IP litigation offering in Madrid
A former scientist, inventor and now a patent practice leader, Hanane Fathi Roswall shares her views on leadership, diversity, the rise of AI and the promise of the UPC
With rumours that a third IP judge could yet join the England and Wales High Court, we run through some potential names while practitioners outline the importance of a well-stocked bench
Speaking to Managing IP at Via’s Bridge Summit in San Francisco, president Kevin Mack explains why the AI infrastructure boom is forcing a rethink of traditional SEP licensing and FRAND models
Law firms continue to sell clients on international footprints, but sprawling office networks count for little if financial structures discourage internal collaboration
Via's Qi pool expands its footprint in Asia with the addition of Chinese smartphone giant and Japanese auto company
Matthew Cassie becomes the tenth partner to join the firm’s London outpost, and the second since it opened its new headquarters in May this year
A&O Shearman and Fish & Richardson invested in German talent, meanwhile, major firms have assembled for an on the merits case pitting KeeeX against OpenAI and Adobe
Julia Bishop is director of IP at Twilio in the US
Hellberg is an IP director at Essity in Sweden
Gift this article