SWR interviewed lawyer Thomas Janssen about a current trademark law case. The focus is on the question of how far the protection of a square packaging shape for chocolate bars, registered as a 3D trademark due to market penetration, extends and whether this protection can also be asserted by the trademark owner against similar products, such as square-packaged oat bars.
In this interview, Thomas Janssen explains the legal criteria that are decisive for the assessment—in particular, the scope of protection of shape trademarks, their distinctiveness in competition, and the possibility of a likelihood of confusion.
▶ To the interview:
here
