The legal basis for the ground for refusal due to lack of distinctive character is Art. 6quinquies B No. 2 Paris Convention, Art. 4 I letter b MRR, Art. 7 I letter b UMV and § 8 II No. 1 MarkenG. However, these have different wording in German. While the MRR and UMV refer to trademarks “devoid of distinctive character”, the MarkenG is based on the wording of the Paris Convention and refers to trademarks that “lack any distinctive character”. However, the different text cannot justify a different legal assessment.^[1] According to the twelfth recital of the MRR, it should be interpreted in the sense of the Paris Convention, which also applies to the text of the UMV, which is based on the wording of the MRR. In any case, the European Court of Justice and the Federal Court of Justice agree in practice that a minimum degree of distinctiveness is sufficient to remove the ground for refusal.^[2]