Figurative trademarks and their distinctive character

The General Court ruled in case T‑291/16, Anta (China) Co. Ltd v EUIPO. The case concerns an attempt for registration of the following EU trademark for Classes 18, 25, 28:

download.png

EUIPO refused to register this sign based on absolute grounds. The goods for which the mark is applied for are widespread and of ordinary consumption practices due to which consumers don’t pay additional attention when buying them.

The vision of the sign, although not being an ordinary geometrical shape, is not distinctive based on which most of the consumers could perceive it as a decorative element but not as a sign indication trade origin.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s