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:


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.


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