Administrative Court confirms refusal of 2D mark claiming the colour pink for Class 10 goods

The Administrative Court has dismissed an appeal by CeramTec GmbH, a German manufacturer of high-performance ceramics, against a decision of the FIIP refusing protection to a 2D mark claiming the colour pink for prostheses in Class 10. Among other things, the court held that, although CeramTec had established that no other manufacturer of prostheses used the colour pink, the colour pink itself was not sufficient to render the mark distinctive.