A Halloween party is a wonderful idea to enrich the buffet with some “spooky cookies” that are sure to send shivers down the guests’ spines – and are delicious at the same time!
Incidentally, according to a decision by the European Union Trademark Office, the term "Gruselkeks" is not protected by trademark law and can be used without further ado. The reason: It is a clearly descriptive term that precisely describes the type of product. Such a term cannot be registered as a trademark because it lacks sufficient distinctive character. Specifically, in the baked goods and confectionery sector, "Gruselkeks" simply refers to sweet, long-lasting biscuits or cookies decorated with "scary" and "ghostly" motifs or decorations typical of Halloween. In its decision (EUIPO, dated December 18, 2020, Ref. No. 018288789 - GRUSELKEKS), the Trademark Office clarified that in this context, the term merely represents a general product designation and does not fulfill an original trademark function.
Therefore, you can safely use the term for your Halloween cookies – and without any legal concerns.
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