The EU Intellectual Property Office (EUIPO) does not consider "enkelfähig" to be a protectable sign for goods in classes 11 and 21. The decision of the Board of Appeal of May 5, 2025 shows how challenging the path to trademark registration can be for terms with social significance.
On June 3, 2024, Value for Generations GmbH applied to the EUIPO to register the word mark "enkelfähig" as an EU trademark. The application, No. 19035800, covered numerous goods in classes 11 and 21 - including products such as heating appliances, lighting equipment and household goods made of glass, porcelain and ceramics. The competent Board of Appeal has now dismissed the appeal against the refusal of the application. In its decision of May 5, 2025, the Board stated that the term "enkelfähig" is a generally understandable, descriptive indication that has no distinctive character in the sense of trademark law.
What is enkelfähig?
The word "enkelfähig" is increasingly used in German in the context of sustainability and long-term economic activity - for example, for companies that align their business practices with future generations. The examiner verified the meaning with numerous articles on the Internet. This meaning is also known to the average consumer. The Board of Appeal therefore stated that the term is understood more as an advertising statement and promise of quality than as an indication of origin for a specific company.
It was also noted that the application includes a very long list of goods. However, all of them can be produced sustainably under different aspects. Thus, the mark, which is composed of the word combination 'enkelfähig', and where there is no appreciable difference between the word and the mere sum of its parts, is an exclusively descriptive indication within the meaning of Article 7(1)(c) of the EUTMR for the goods and services applied for. European Union Trademark Regulation (UMV), which must be kept free for competitors.
Furthermore, the Board emphasized that consumers cannot attribute a specific commercial origin to the term. Thus, it also lacks the necessary distinctive character pursuant to Article 7(1)(b) EUTMR.
Practical note
When choosing a trademark, companies should check whether a term is already firmly anchored in common usage - especially in the case of terms with a positive connotation. Trademarks that primarily serve to describe corporate values are often not eligible for protection. When registering promising trademarks, it is advisable to choose distinctive word creations or combinations that do not immediately suggest a descriptive meaning. An early comparison with current language habits and a legal check before filing the application protect against setbacks in trademark proceedings.
You can rely on our expertise and our many years of excellent experience in the Registration of trademarks and the preceding Advice with regard to the registrability of the desired sign.
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