Obi loses exclusive trademark rights to orange color in German court ruling

The German Federal Court of Justice (BGH) has ruled against the DIY retail chain Obi, stripping the company of its exclusive trademark protection for the color orange. The court's decision concludes that the specific shade lacks the necessary distinctiveness to be uniquely associated with Obi alone.

The legal battle originated from Obi's 2010 registration of the color (RAL 200) as an abstract color trademark. Competitors, including Hornbach and Globus, sought the cancellation of this protection. While a previous survey suggested a significant portion of the population associated the color with Obi, the BGH determined that the color serves more as a general indicator for DIY stores rather than a specific indicator of origin for a single company.

As a result of the ruling, competitors are permitted to continue using orange or red in their branding. Obi has stated that while the formal registration is lost, orange will remain a central part of its visual identity and brand communication.