In a decision of July 21, 2016, (I ZB 52/15 „Sparkassen-Rot) the German Federal Supreme Court has set aside a decision of the German Federal Patent Court and confirmed the validity of the color mark red for the protected services. The decisive question was whether the color mark red can be seen as a trademark having a secondary meaning according to Article 8 par. 3 German Trademark Act. The German Federal Supreme Court has accepted that on the basis of numerous statements of opinion research centers. The problem of a trademark infringement committed by the banking group Santander, which also uses the color red in its logo, is herewith not yet decided on.