Federal Patent Court on the trademark protection of “Ei, ei, ei, ei, ei”

The Federal Patent Court (BPatG) has considered the question of whether the phrase "Ei, ei, ei, ei, ei" can be protected as a trademark for beverages (e.g., egg liqueur) and catering services (BPatG, decision of July 18, 2022, case no. 29 W (pat) 508/21). The court ruled that this phrase merely represents a "fivefold and therefore particularly memorable, catchphrase-like indication of ingredients [eggs, egg components, or egg products] and/or a particularly striking expression of astonishment due to the fivefold repetition." Such descriptive statements or promotional expressions serve merely as a promotional tool and therefore lack distinctive character. They cannot be registered as a trademark.