It is not only names and logos that can be protected under trademark law. The shape of a product or its packaging can also constitute a protected trademark. Therefore, trademark infringement involving product packaging can occur even when companies use their own product name and a different logo. Possible consequences include cease-and-desist letters, injunctions, and claims for damages.

Ritter Sport v. MONNEMer QUADRAT: The Stuttgart Higher Regional Court's Ruling

In its ruling of november 5, 2026 (Case No. 2 U 3/26), the Stuttgart Higher Regional Court held that the contested packaging of the “MONNEMer QUADRAT BIO” oat bars infringes upon the rights to the three-dimensional packaging trademark protected for Ritter Sport. The court found that there was both a likelihood of confusion and an infringement of the protection afforded to the well-known trademark. The ruling is not yet final.

It was not merely the square basic shape that was decisive. What is protected is a specific packaging shape with distinctive closure tabs. The court took into account, in particular, the similarity of the packaging shapes, the similarity of the goods, and the high distinctiveness of the protected trademark.

Can packaging be protected as a trademark?

Under Section 3 of the Trademark Act (MarkenG), in addition to word and figurative marks, three-dimensional designs may also be protected as so-called design marks. These include, in particular, product and packaging shapes that are capable of distinguishing a company’s goods from those of other companies.

However, not every distinctive product shape is automatically protected as a trademark. The law also provides for exceptions to protection, such as for signs consisting exclusively of a shape necessary to achieve a technical effect.

When does product packaging constitute trademark infringement?

A trademark infringement may occur under § 14 of the German Trademark Act (MarkenG), in particular when packaging is used in the course of trade without the trademark owner’s consent and there is a likelihood of confusion.

Three factors are particularly important in this assessment:

• How similar are the registered trademark and the packaging in use?
• How similar are the goods in question?
• How distinctive is the protected trademark—that is, how well does it identify a specific company?

These factors are evaluated in conjunction with one another. For example, a particularly high degree of distinctiveness may mean that a lower degree of similarity is sufficient to give rise to a likelihood of confusion.

In the case of well-known trademarks, trademark infringement may occur even if there is no likelihood of confusion. This is particularly relevant when the design unfairly exploits or impairs the distinctiveness or reputation of the well-known trademark without justifiable cause.

Does having your own logo protect against trademark infringement?

Having a unique product name or a different logo does not automatically rule out trademark infringement. If the shape of the packaging itself is protected, differences in labeling and graphic design may not be sufficient to avoid infringement under certain circumstances.

Companies should therefore have not only their name and logo reviewed, but also the specific design of their product packaging.

What consequences might companies face?

Trademark infringement can have significant economic consequences. In addition to a formal warning letter that incurs costs, claims for injunctive relief are a particular risk. Damages may generally be awarded in cases of intentional or negligent conduct. Under certain circumstances, trademark owners may also demand a recall of products that have already been delivered.

This becomes particularly costly when packaging has already been produced in large quantities or products have already been launched on the market. A sales halt and a subsequent redesign can result in significant additional costs.

How can trademark risks be avoided early on?

Before launching a new product, companies should have not only the product name but also its packaging design reviewed from a legal perspective. It makes sense to conduct this review as early as the packaging development stage and before placing orders for large production runs.

In addition to existing shape trademarks, design rights and competition law provisions may also be relevant. If potential conflicts are identified early on, alternative designs can be considered before the product is launched.

Conclusion: Evaluate packaging options early on

Whether a product’s packaging infringes on third-party trademark rights depends on the circumstances of each individual case. Having a proprietary product name or a different logo does not automatically rule out trademark infringement. Companies should therefore have potential conflicts reviewed during the packaging development phase, before they incur significant production and marketing costs.

Are you planning new product packaging, or have you received a cease-and-desist letter regarding trademark rights? We’ll assess the legal risks associated with your design, advise you on possible adjustments, and assist you in defending against or enforcing trademark claims.