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

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

A handful of US firms have quietly invested in European patent talent. Recent moves by Baker Botts and K&L Gates suggest that trend may be accelerating
Loke Khoon Tan and Stephanie Yip at Dentons explain what brand owners need to know ahead of January 1 2027, when updates to China’s Trade Mark Law come into force
New US bills signal that firms should work with clients to ensure they are complying with potential regulatory requirements
Octavio Espejo of Becerril, Coca & Becerril explains how sweeping patent reforms reshape filing strategies, prosecution, and divisional application practice
The UK Supreme Court’s decision in Tesla v Avanci enhances the UK's attractiveness for global FRAND battles, say lawyers at Simmons & Simmons
PE-backed practices now comprise the majority of ranked firms for patent prosecution in the Netherlands, but competitors are confident about their decision to remain independent
The firm says new additions position Brown Rudnick as a market leader in tech, life sciences, and global litigation
Richard Quatrano, counsel at Olshan Frome Wolosky, shares why technology M&A buyers and sellers must verify written IP assignments, as broken ownership chains can undermine valuation, deal terms, and closing certainty
Appointment of AI and copyright expert Anna Naydonov, as well as another partner from Orrick, shows how firms can attract top litigators through leveraging the power of their existing teams
K&L Gates and Baker Botts have recruited leading patent practitioners from Wende IP and EIP, respectively, as they seek to strengthen European patent litigation capabilities
Gift this article