With the recent decision of 18 October 2017, the BGH ,German Federal Court of Justice, invalidated the decision of the Federal Trade Mark and Patent Court which ruled on the cancellation of the three-dimensional Ritter Sport's tardemark, confirming the protection of the well-known square shape of the chocolate bar. The interpretation of Art. 3 of the German Code has been crucial to obtain de final decision : the judges indicated that the shape of the chocolate should not necessarily be square in order to appreciate and carry the chocolate. The Federal Court will have to reconsider the case but, for the time being, Ritter maintains the protection of a square-shaped mark.