Andreas Stihl AG & Co KG, a global market leader in chainsaws, has scored a major win before the European General Court.
The case concerned an EU trademark, specifically an abstract colour mark for Stihl's corporate colours orange and grey, which have been used for its products and advertising for decades and have become widely recognised by the relevant public.
This EU trademark was filed in 2008 and registered for chainsaws in 2011. A Romanian company that imported counterfeit chainsaws with Stihl's corporate colours from China opposed the trademark and filed an application for its cancellation. That application was initially successful before the Board of Appeal, which found the definition of the colour arrangement to be too vague. The General Court, however, held that the description of the colour arrangement submitted by Stihl was sufficiently clear and precise. In its order of 21 November 2021, the European Court of Justice refused the opposing side's request to allow the appeal to proceed to the European Court of Justice.
Stihl was advised by the following team of Gleiss Lutz lawyers: Dr. Stefan Völker (partner, lead), Dr. Marcel Pemsel (counsel, both Trademarks, Stuttgart).
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