"enkelfähig" not capable of registration

The European Union 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 5 May 2025 demonstrates how demanding the path to trade mark registration can be when dealing with terms of societal significance.

On 3 June 2024, Value for Generations GmbH applied to the EUIPO for registration of the word mark "enkelfähig" as a Union mark. The application, No. 19035800, covered numerous goods in Classes 11 and 21 – including products such as heating devices, lighting equipment and household articles made of glass, porcelain and ceramics. The competent Board of Appeal has now rejected the appeal against the refusal of the application. In its decision of 5 May 2025, the Board stated that the term "enkelfähig" is a generally understandable, descriptive term that does not possess distinctive character within the meaning of trade mark law.

What is enkelfähig?

The word "enkelfähig" is increasingly used in German language in the context of sustainability and long-term business practices – for example, for companies that align their business practices with future generations. The examiner demonstrated this meaning with numerous contributions on the Internet. This meaning is also known to the average consumer. The Board of Appeal therefore stated that the term would be understood more as an advertising statement and quality promise than as an indication of origin from a specific undertaking.

Furthermore, it was established that the application covers a very long list of goods. However, all of these can be manufactured sustainably from various perspectives. Accordingly, the mark, which consists of the word combination "enkelfähig" and in which there is no appreciable difference between the word and the mere sum of its constituent parts, constitutes an exclusively descriptive designation for the goods and services applied for within the meaning of Article 7(1)(c) of theUnion Trade Mark Regulation (UTMR), which must be kept free for competitors.

Furthermore, the Board emphasised that consumers cannot attribute any specific business origin to the term. Accordingly, the necessary distinctive character pursuant to Article 7(1)(b) UTMR is also lacking.

Practical note

Undertakings should examine when selecting a mark whether a term is already firmly anchored in general language use – in particular for terms with positive connotations. Marks that primarily serve as a description of entrepreneurial values are often not capable of protection. For the registration of promising marks, it is advisable to choose distinctive neologisms or combinations that do not immediately suggest a descriptive meaning. An early cross-check against current language usage and legal clearance prior to filing protect against setbacks in trade mark proceedings.

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