The EUIPO resolves: Haribo's gummy bears have a distinctive character

In decision R 872/2023-4, the European Union Intellectual Property Office (EUIPO) decided that the figurative mark consisting of the image of a gummy bear has sufficient distinctive character to be a trademark of the European Union.

The conflict began in October 2021 when Rigo Trading S.A, owner of the intellectual property rights of the HARIBO group, applied for a trademark on the gummy bear for a series of classes, seeking its protection in the European Union (among others).

The examiner denied this registration on the basis that this figure: it did not present significant differences with other products in the sector and, in addition, the use of gummy bears was a common decoration for decorative purposes, so the requested brand was only a variation of decorative elements of the product or service for which it was used.

Rigo Trading, when appealing the decision, indicated, among other arguments, that the Haribo bear presents substantial differences with other bears in the market, that the examiner had not taken into consideration the 1978 HARIBO Golden or that there are numerous European brands that are merely geometric shapes of objects or animals (such as Oreo cookies, guitar figures, the Snapchat logo, etc.).

The decision he decided on the resource indicates that: although jelly beans may be bear-shaped, not all jelly beans are bear-shaped and, consequently, there is a direct association between the two; on the other hand, gummy bears must be a maximum of 2 cm and gelatinous, which distinguishes them from products such as jewelry.

In addition, there is also nothing to prevent a trademark from serving other purposes, such as decorative purposes (decision T‑117/21), so the appeal was considered and the requested trademark was registered.