Sorry that I can't definitively answer the question, but do you have a legal translating dictionary available? I know there are certain legal terms that are not easily translated or can be incorrectly translated when regular dictionaries are used. (Acts of God is one that comes to mind...)

I've had to ask a friend to consult hers on my behalf, and now I think I just need to purchase one for problems very similar to yours.

I have Dietl/Lorenz, but it only lists "wesentlicher Bestandteil".

For "erfindungswesentliches Markmal it has "essential element (or feature) of the invention. But my context is a trademark, not an invention.

But thanks for the tip!

Furthermore, a mark composed of signs or indications satisfying that definition should not be refused registration unless it comprises no other signs or indications and, in addition, the purely descriptive signs or indications of which it is composed are not presented or configured in a manner that distinguishes the resultant whole from the usual way of designating the goods or services concerned or their essential characteristics.

http://www.ipo.gov.uk/tm/t-decisionmaking/t-c...

It looks very like the wording of a decision of the European Court of Justice in Proctor & Gamble Company v Officer for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Case – 282/99P for the mark BABY DRY.

The decision broadened the range of registrable marks in the EU, so I assume it would often be referred to in trademark prosecution and opposition procedures.

Man, that was exactly the sentence I had to translate!! Thanks for the great help ... too bad I didn't check back again (selber schuld...).

How do you find sources like that? I looked and looked ...

Hi, Rupe. Educated guesswork;-). I translate IP stuff for a living, so I just googled phrases that I would have used myself had I been translating it. At least you'll know for the future. Glad I could help:-).