The blue that characterizes the Nivea brand has been protected since 2007 by the German Trademark and Patent Office as an abstract trademark of color for body care and beauty products.
Abstract colour trademark are generally lacking in distinctiveness and therefore cannot be registered because the public perceives color only as a decorative element, but Nivea has shown through research and surveys that consumers associate its products with dark blue.
The trademark was the subject of numerous disputes that initially confirmed the cancellation of the trademark, but as a result of limitations on certain goods categories by the Beiersdorf Group, the cancellation application was withdrawn.
The General Court therefore ruled that Nivea-Blue remains under trademark protection.