In the News
Who Owns the Color Orange? Obi Loses the Battle for Its Signature Color, Markt und Mittelstand
20. September 2026Partner Alexander Klett was quoted by Markt und Mittelstand about a Federal Court of Justice ruling upholding the cancellation of a trademark for the home improvement retailer Obi’s signature orange color. The court found that the color lacked sufficient distinctiveness and that evidence of consumer association with Obi was insufficient to establish trademark protection.
“The Federal Court of Justice has once again confirmed that very high standards apply to the eligibility of colors for protection,” Alexander said. “If a company cannot provide this evidence—that is, cannot demonstrate that the color has become synonymous with the company and its products—then even years of use will not be sufficient to obtain trademark protection.”