OLG Düsseldorf confirms trademark protection at the German Patent and Trademark Office – Case No. I-20 U 35/25
With its decision dated September 25, 2025 (Case No. I-20 U 35/25), the OLG Düsseldorf confirmed trademark protection for the stripe design on shoes of a sports goods manufacturer. Models of a shoe manufacturer based in Spain infringed the trademark rights of the EU figurative mark, according to the OLG. The affected shoes may no longer be distributed in Germany.
Trademarks have a high recognition value for consumers. For companies, it is therefore important to register a trademark so that it cannot be used unauthorizedly by third parties. If trademark infringements occur nonetheless, it is necessary to take consistent legal action, according to the commercial law firm MTR Legal Rechtsanwälte, which advises, among others, in trademark law. The firm also supports clients in the early identification and avoidance of conflicts in the area of trademark law to prevent legal disputes and secure trademark success.
In the present case, the OLG Düsseldorf confirmed trademark protection for design elements on sports shoes. The core issue was whether certain stripe designs of a Spanish manufacturer infringed the well-known EU figurative mark of a German sports goods manufacturer. The OLG Düsseldorf partially affirmed this and prohibited the respondent from continuing to offer two of the three contested designs in Germany.
Introduction to Trademark Protection
Trademark protection is a central instrument for companies to clearly distinguish their products and services from those of competitors in the market. A trademark – whether a name, a logo, a specific shape, or a distinctive sign – serves as an unmistakable identifying feature and builds trust with customers. By registering a trademark with the German Patent and Trademark Office (DPMA), the trademark owner obtains exclusive rights to use this sign for certain goods and services.
Types of Trademarks and Their Protection Options
There are different types of trademarks that can be registered with the DPMA: The classic word mark protects names, words, or letter combinations. Figurative marks safeguard graphic representations like logos or symbols. The combined word-figurative mark includes both elements and thus offers particularly comprehensive protection. Crucial is that the sign is suitable to distinguish the goods or services of one company from those of others – the so-called distinctiveness.
Process and Benefits of Trademark Registration
Registering a trademark with the DPMA is the first step to securing one’s own trademark rights. After successful registration, the trademark is published in the trademark register and initially protected for ten years. This protection can be extended indefinitely upon payment of a fee. Registration grants the company the right to prohibit third parties from using identical or similar signs for the same or similar goods and services. This effectively repels imitators and secures the long-term value of the company’s own trademark.
In addition to national protection through the DPMA, there is also the option to extend trademark rights internationally – for example, through the European Union or the World Intellectual Property Organization (WIPO). This enables companies to protect their trademarks in foreign markets as well and strengthens their position in global competition.
Strong trademark protection is a decisive success factor for companies of any size: it protects intellectual property, secures investments in brand development and marketing, and strengthens consumer confidence in the offered products and services. Those who want to protect their trademark should therefore consider early professional trademark searches and careful trademark registration.
Infringement of the Registered Figurative Mark
The starting point of the legal dispute was the well-known design stripe of the German manufacturer, protected as an EU figurative mark and a central identifying feature of the brand for decades. The trademark was registered, and the registration forms the basis for legal protection. A shoe manufacturer based in Spain had sold three different shoe models via its online shop, each featuring an independent stripe design. These shoes could also be ordered by German customers. The German company saw this as an infringement of its trademark rights and applied for an injunction to prohibit the distribution of the shoes throughout the European Union. The attempt to obtain an injunction was an important step in the brand protection process. The District Court Düsseldorf initially issued an injunction for the territory of the Federal Republic of Germany but partially lifted it in March 2025. The sports goods manufacturer lodged an appeal against this.
The OLG Düsseldorf partly sided with the sports goods manufacturer. It confirmed the ban with regard to two of the three contested stripe designs and saw this as an infringement of the EU figurative mark. Regarding the third model, the court dismissed the application. The ruling thus results in the respondent no longer being allowed to use two of her designs in Germany.
OLG Düsseldorf sees risk of confusion in trademark law
In its justification, the court first clarified that the preliminary injunction could only be issued for the territory of the Federal Republic of Germany. A union-wide prohibition was not possible, as the German sportswear manufacturer had not filed an immediate appeal against the previous decision of the Düsseldorf Regional Court, which dismissed such a ban. Therefore, the Higher Regional Court could only decide on the German partial effect.
Overall impression as the central criterion of trademark similarity
The essential point was whether a legally relevant risk of confusion exists between the registered trademark and the contested stripe designs. The Düsseldorf Higher Regional Court affirmed this for two of the three variants. The decisive factor is the overall impression that the signs leave on the average consumer. In both prohibited designs, the stripes run – as with the registered trademark – from the bottom left to the top right, with a very similar incline angle. The tapering of the stripes along their course also contributes to the fact that the designs appear almost identical to the observer. Although the opponent’s shoes showed some interruptions in the stripes, this did not change the dominant impression of a continuous, diagonally running stripe form. The distinction between the respective trademarks plays a central role here, as it is crucial for trademark protection and avoiding conflicts.
Therefore, the Higher Regional Court saw a risk of confusion. Due to the similarity of the stripe design, consumers could assume that the shoes come from the same company or at least economically connected businesses. Hence, there is an infringement of the registered figurative trademark.
Distance from the protected trademark after trademark search
The Higher Regional Court further stated that the Spanish manufacturer clearly labeling its shoes with its own name does not change the trademark infringement. The average buyer does not necessarily perceive the manufacturer’s logo as the sole indication of origin but can understand the stripes as an independent, recurring product design feature.
However, no trademark infringement exists for the third shoe model, as the stripes are clearly separated and differently proportioned. The consumer does not recognize a continuous line guidance but rather two independent graphic elements. Thus, the distance from the protected trademark is sufficiently large to deny a risk of confusion, according to the Higher Regional Court.
The decision highlights that not only word or figurative marks but also characteristic design elements of a product such as line guidance, color gradients, or surface elements can be protected under trademark law. In addition to these signs, various shapes, depictions, and images are also recognized as protectable trademark components.
MTR Legal Lawyers provide comprehensive advice in trademark law.
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