The European court ruled in Case T-615/14 concerning an attempt of F.C. Barcelona to register the following Community trademark for classes 16, 25, 41:
OHIM refused the registration of the aforementioned trademark based on absolute grounds, the sign in question was not liable to draw consumers’ attention to the commercial origin of the goods and services covered by the application.
The Court confirmed that none of the characteristics of the sign at issue contains any striking feature which is liable to attract the attention of consumers. In fact, the mark sought will rather tend to be perceived by consumers merely as a shape and will not enable them to distinguish the proprietor’s goods or services from those of other undertakings.
The Football Club didn’t succeed to show acquired second distinctiveness through commercial use.
More information here.