General Court confirms no distinctive character for figurative sports sign

European Union

The General Court recently upheld a Board of Appeal ruling on the lack of distinctiveness of a figurative trademark, agreeing that the mark was a simple, non-distinctive figurative element and that the applicant had submitted no evidence of distinctive character acquired through use. The judgment demonstrates that applications for simple figurative marks which are not visually eye-catching are likely to be refused when there is no evidence of acquired distinctiveness.

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