Observed Signal · Sep 17, 2026 · Legal Ruling · Source: Horizont · Impact: 2/5 · Sentiment: Negative
Obi Loses Legal Battle Over Orange Trademark
The German Federal Court of Justice (BGH) rejected Obi's appeal to protect its orange color as a trademark, upholding a prior ruling by the Federal Patent Court after a ten-year legal dispute with competitors Hornbach and Globus. The court ruled that the light red-orange shade lacks the distinctiveness required for trademark protection, despite surveys showing 45.6% and 49.6% of the population associated orange with the brand. The article, authored by lawyer Frank Hagemann, highlights the general difficulty in protecting everyday colors as trademarks, noting their broad use in marketing and the need for acquired distinctiveness. This decision impacts brand identity strategies, as companies rely on distinctive visual elements to differentiate themselves. Obi maintains that orange will remain its house color and a central part of its visual identity despite the loss of legal protection. The content is partially paywalled, limiting the depth of analysis.
Markenrechtsstreit im Einzelhandel, relevant für Marketing- und Markenstrategien, aber nicht direkt AdTech/ProgRed.
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Key Takeaways & Evidence Grounding
- The German Federal Court of Justice (BGH) rejected Obi's appeal, ending its chances for color trademark protection for its orange shade.
- The legal dispute lasted ten years, with competitors Hornbach and Globus successfully opposing Obi's trademark.
- The court ruled that the color lacks the required distinctiveness, despite surveys showing 45.6% and 49.6% public association with the brand.
- The article discusses the general difficulty in protecting everyday colors as trademarks, due to their broad use in marketing and the need for acquired distinctiveness.
- The article is partially behind a paywall, with only the introduction visible, and Obi confirms orange will remain its house color and central visual identifier.
Connected Companies & Entities
1 Entity mapped“die von zwei Konkurrenten, den Ketten Hornbach und Globus, beantragte Löschung dieser sogenannten abstrakten Farbmarke...”
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