The Little Polar Bear

The Federal Patent Court decided in a recently published decision that the designation "Der kleine Eisbär" ("The little Polar Bear") is registrable as a word mark for "recorded data carriers, exposed films and printed matters". Der kleine Eisbär is a cartoon character which is very popular, especially among children, in Germany.

The German Patent and Trade Mark Office had rejected the application for several goods and services due to a lack of distinctiveness. The Office thought that the relevant public would understand the designation as a mere description of contents and not as an indication of origin. The applicant appealed successfully against that decision.

The Federal Patent Court said that the designation Der kleine Eisbär was not a mere description of contents but a fantasy title that was distinctive with respect to the relevant goods and services according to section 8 para. 2.1 of the German Trade Mark Law (Markengesetz). It held that the designation did not relate only to